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August 2, 2025 • 39 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:00):
You're listen Saints kf I AM six forty the Bill
Handles show on demand on the iHeartRadio fi.

Speaker 2 (00:10):
AM six forty Real Handle Here.

Speaker 1 (00:11):
It's a Saturday morning in three lovely hours of the
Legal Show right up until eleven o'clock, Rich Tomurrow of
the Tech Show from eleven to two, and then Neil
Savedra our FOODI guy who's with me Monday through Friday
on the morning show.

Speaker 2 (00:25):
It is the.

Speaker 1 (00:26):
Fork Report where he talks about all things food. And
that's our Saturday lineups. Good good Saturday lineup. Nice weekend.
The number here is eight hundred five to zero one
five three four as we start the morning eight hundred
five two zero one five three four And as always

(00:47):
lines our open best time to call is top of
the hour, best top of the hour time to call
is the start of the first hour. As we leave
Dean Sharp show. So I come in, I go, wow,
look at how many people are on the board, and
then I start looking at the board. Bill, I've got
a plumbing question. No that's not for me. How about

(01:10):
a roofing issue over here? No that's not for me either. Yeah,
I need an electrician. I've got a problem now. Now
that doesn't work for me either, so we have to
switch gears. Now, if you want to sue your plumber,
that's something else. If your roofer came into the job
and someone fell through the roof of the whole of

(01:31):
your roof, that's a different story too. The number is
eight hundred five two zero one five three four eight
hundred five two zero one five three four. And it
is all about marginal, marginal advice. Yes, all right, let's
do it. This is handle on the law, marginal legal advice,

(01:53):
where I tell you have absolutely no case.

Speaker 2 (01:57):
All right.

Speaker 1 (01:57):
The fight continues on between the Trumpet minute and insert
name of any fairly liberal, moderately liberal, moderate period, state, county, city,
and the conservative movement. It's Maga versus anybody who isn't maga.
And in this case, the Trump administration, as everybody knows,

(02:22):
has started these mass deportations more so than any other
administration in history, and for the purpose of stopping illegal
migration into this country. And he has succeeded beyond his
wildest dreams. Well, no, that's not true. He has succeeded
beyond our wildest dreams. One of the things about Donald

(02:42):
Trump is this is what he ran on, This is
what he promised to do, and this is exactly what
he's doing. And for those people that are bitching and moaning, hey,
you know what, this country democratic elected this man on
these platforms, and one of them is the legal immigration issue. Okay,
with that, we have the administration using current laws and

(03:05):
some additional laws to stop all kinds of immigration from
coming in this country, illegal immigration from coming in this country. Now,
while that's going on because of politics, you have cities,
You have states, California, city of Los Angeles, city of
Chicago that are considered quote sanctuary city, states counties, and

(03:28):
Chicago is a sanctuary city.

Speaker 2 (03:31):
What does that mean?

Speaker 1 (03:31):
Does that mean that, you know, it's the old time,
the old version of sanctuary. Someone runs into the church
and yell sanctuary and the police can't come in there.

Speaker 2 (03:39):
No sanctuary means in.

Speaker 1 (03:42):
This case that local authorities are not to cooperate with
federal authorities. Federal authorities come in, they come into the jails,
for example, and say we want to be told when
who we think is an illegal immigrant is released so
we can pick them up. No, we're not going to
tell you.

Speaker 2 (04:00):
It's on you.

Speaker 1 (04:01):
We have no duty to tell you where and when
are people are going to be released, And so there's
just no cooperation.

Speaker 2 (04:10):
And the Trump administration is suing.

Speaker 1 (04:13):
And this is a number of lawsuits that are going on,
and this has to do with Chicago's sanctuary law, and
it has to do with federal immigration.

Speaker 2 (04:23):
Agents and local police. It's real simple.

Speaker 1 (04:26):
Local police do not coordinate, do not cooperate with the Feds.

Speaker 2 (04:31):
It's that simple. Now, there are some exceptions.

Speaker 1 (04:34):
If you have an illegal migrant who is out, who's
committed three felonies and he's been deported fifteen times, they
will cooperate, But for the most part, they won't. Local
officials will not cooperate. So what does the Trump administration do.
It sues the city because what the city is doing
is quote thwarting federal efforts to enforce immigration laws. They're

(04:57):
not thwarting federal efforts. They're just not co operating. There's
a big difference. They're not getting in the way. They're
not stepping between a illegal migrant being released in jail
and the FEDS arresting him. No cop stands in the way.
What they do is they just don't cooperate. When are
they going to be released? We're not going to tell

(05:18):
you what jail is this person going to be released from.
We're not going to tell you. That is not thwarting
federal efforts. That's just we don't want to play. That's
what the lawsuit is about. So first go around, the

(05:39):
Trump administration sues, a federal judge in Illinois dismisses the lawsuit.

Speaker 2 (05:46):
And now it's going up. I guarantee you.

Speaker 1 (05:49):
All of these lawsuits are going up to the Supreme
Court because one of the huge issues, if not the
prompt predominant issue, is how how far is presidential power.
President Trump is reaching and stretching the envelope to an
extent that no other president has ever tried. Maybe Abraham

(06:11):
Lincoln during the Civil War he suspended habeas corpus for
a number of years. I mean, there was some really
rough stuff. He threw people in jail, spent the entire
four years of the Civil War in federal prison and
brutal prison without ever being charged. I mean, there's some
rough stuff that went on. But that was during the
Civil War. This is not this day and age. So

(06:34):
the Supreme Court's got a rule across the board as
how far presidential power goes and Trump because he selected
three members of the Supreme Court, and the court is
now very conservative. It's a good time. It's a very
good time for him to be president. Okay, let's do it.

(06:56):
Here's some phone calls. Steven, Hello, Stephen, welcome, Hello Bill.

Speaker 2 (07:02):
Yeah.

Speaker 3 (07:03):
I took my dogs in for their annual Brady shot
and the temperament and told me they had a new
vaccine that was mandated for the dogs. And I was
a little reluctant to take it, and anyhow, they gave it.
My dog a shot, and then twenty four hours she

(07:25):
got sick and she started bleeding out on her rear end.
And I took her back to the vet and they
told me that they needed six hundred dollars to run
some tests and stuff. And I'm like, well, you guys
got her sick, I shouldn't have to pay. Well, we
can give her some medicine. You could take her home.
So I paid like two hundred bucks. I took her

(07:45):
home wind her. She got sicker again, and I took
her back and they told me she went into shock
and I had to take her to the Mint Mary Hospital.
So I wrested her over there.

Speaker 4 (07:58):
They needed a.

Speaker 1 (07:59):
Fifteen Okay, okay, you you spent X number of dollars
trying to save the dog.

Speaker 2 (08:05):
Did the dog survive?

Speaker 4 (08:08):
No?

Speaker 2 (08:08):
Okay, so now died overnight? Yeah, I'm sure. Yeah, I know.

Speaker 1 (08:12):
And dogs are man's best friend, and you know it's
losing a dog is far worse than losing a kid
in many cases because people are weird. Unfortunately, dogs aren't
worth very much. They're only property. Yeah, the law doesn't
take into effect how much you love your dog. So
what I would do is, I mean, you're going to
obviously going to sue the vet, and you are going

(08:35):
to assume for all the money that you've paid the vet,
and the vet's an ass for making you pay anything
based on the circumstances. I would also then I'm trying
to think of who else would you contact, because if
this is a new medication and it is doing this now,

(08:56):
it could.

Speaker 2 (08:57):
Be the one in a zillion.

Speaker 1 (08:59):
You know when they talk about when you see these
drugs and then give you all the side effects oily
stools and you may die and all of that on
drugs that's informed consent. A certain percentage of people are
going to die that way. A certain number of dogs
whenever there's something new comes out. It's certain nothing is
at that has one hundred percent efficacy. Nothing, but I
would certainly sue and I tically I'd give the vets

(09:22):
some shots so he dies.

Speaker 2 (09:23):
You know, at this point I go crazy.

Speaker 4 (09:27):
This is the crazy part.

Speaker 5 (09:30):
When I went to pick up my dog, there was
a handkerchief on my clipboard and I said, but what's
that And they said, oh, that's what your.

Speaker 4 (09:36):
Dog came in with. We wanted to know if you
wanted it back. I said that my dog didn't come
in with a handkerchief, and they.

Speaker 5 (09:41):
Said, oh, we had a mistake on a clipboard. We
put it on the wrong clipboard. So I said, well,
I hope you're not giving me the wrong dog. And anyhow,
they gave me my dog in a soft cast.

Speaker 4 (09:51):
And I took her home and buried her in the morning,
and then in the evening they called me back regarding
my dog, that they gave me the wrong dog and
I have to up and take it back.

Speaker 2 (10:01):
Wait a second, they did give you the wrong dog.

Speaker 4 (10:04):
They gave me the wrong dog.

Speaker 1 (10:06):
But when they give you the wrong dog and you
brought it home and bury it, did you see the dog?

Speaker 6 (10:12):
No?

Speaker 3 (10:12):
Because I didn't want to see her dead.

Speaker 5 (10:14):
I wanted to remember her alive because she was in
a soft casket already.

Speaker 2 (10:19):
I don't even know where to go. I don't even
know where.

Speaker 1 (10:21):
To go on now, all right, you got them mind?
You know what at this point? Yeah, this is the
one of the weirdest stories.

Speaker 2 (10:27):
All right. This is one of those stories where this
is it. It's beyond just the value of the dog.

Speaker 1 (10:36):
I mean, this is emotional distress, intentional infliction.

Speaker 2 (10:40):
Yeah, I think you've got to talk to uh.

Speaker 1 (10:43):
It's actually only it's actually a personal injury matter. To
be honest, I'd go to the website. I'd go to
handle on the loot dot com. They've never seen this either.
I've never seen here's the dog? Is the wrong dog?

Speaker 2 (10:54):
Oh? We gave it a shot, it died, none of that.
All right.

Speaker 1 (10:57):
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(11:35):
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(11:57):
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code KFI. This is handle on the law KFI AM.

Speaker 2 (12:16):
Six forty bill handle here on a Saturday morning.

Speaker 1 (12:19):
Yet the phone number eight hundred and five two zero
one five three four. That's the number to call. We
have plenty of lines open as we've just opened the show.
Eight hundred and five to zero one five three four.

Speaker 2 (12:35):
Welcome back. Handle on the law.

Speaker 1 (12:38):
Bill handle here giving you marginal legal advice.

Speaker 2 (12:43):
Mark, Yo, Mark, you're up.

Speaker 3 (12:45):
Good morning, Bill.

Speaker 2 (12:46):
Yeah.

Speaker 7 (12:47):
So I got a rental property out in Florida and
the rent is twenty two hundred dollars a month. In
the middle of the month, I get a call from
the renner saying that the air conditioner broke and I
have another woman out there that handles a different rental
property for me. I called her up and asked her
to send somebody out there to fix it, and as
far as I knew, she did, and you know, everything

(13:10):
was great. Now a week goes by and the renter
calls me back and says no repairs have been done.
The air condition has been off for a week. And
at this point I'm like, okay, I'll handle it myself.
I got somebody out there and it was fixed. It
took twelve days total for the air condition to get fixed. Now,
the guy in July paid me one thousand dollars for

(13:32):
rent and he's withholding twelve hundred dollars. And it's kind
of a two part question.

Speaker 4 (13:38):
Number one.

Speaker 7 (13:39):
He said that he left the house, went to a
hotel and that I should be responsible for paying his
hotel bill, and the other thing is, well, he just
stopped paying me the twelve hundred dollars in rent. And
as far as I know, with Ford, a law communication
between the homeowner and the tenant kind of has to

(14:00):
be open where I have to know about a problem
and have time to fix it before he can withhold rent.
So I just kind of want to know what my
action is now at the first time.

Speaker 4 (14:10):
This.

Speaker 1 (14:11):
Yeah, it's pretty much the same basically all over the country.
And that is you are told about something that is wrong,
particularly if you're talking about Florida summer heat wave. I mean,
it gets a little crazy, and so at that point
the house becomes uninhabitable. All right, you go out, you
send someone to fix it. What's a reasonable time, I

(14:32):
would argue a couple of days. I mean, no one
is going to drop everything and you call it ten
o'clock and by one o'clock they show up and fix
the air conditioning.

Speaker 2 (14:41):
So a reasonable time would be a couple of days.
Right now.

Speaker 1 (14:44):
A week where you're the person who represents you said yeah,
we took care of it and it wasn't taken A
week is a little long.

Speaker 2 (14:53):
Now he does he withhold the rent?

Speaker 1 (14:56):
I can say he can withhold the rent for if
it was is twelve days, three days.

Speaker 2 (15:01):
Maybe a week, right, maybe a week withhold the rent.

Speaker 7 (15:04):
But the whole thing is there was no communication, like
nobody told me. He didn't call.

Speaker 2 (15:07):
Okay, Well that's okay, that's fair. Who did he tell?

Speaker 8 (15:11):
He told no one, He didn't tell anybody like okay.

Speaker 2 (15:16):
Then if he didn't tell anybody, okay, if he didn't
tell anybody, then it's not on you because he has
to let you know. Okay.

Speaker 1 (15:26):
He has to let you know, and he can't argue
you didn't fix it. If you didn't know about it,
there's no issue. But then you told me that there's
someone who repairs for you. It takes care of another unit,
and that person, that woman was told and then nothing happened.

Speaker 2 (15:38):
Where's the story there?

Speaker 7 (15:43):
Yeah, she just I guess nobody just ever never came
out to fix it or something.

Speaker 1 (15:47):
Okay, I understand. So she was Okay, so you were
told via her. Now what you're saying is that you
didn't know. She didn't show up for a week, correct, Yeah.

Speaker 7 (15:59):
The homeowner didn't till okay, okay, so.

Speaker 1 (16:03):
Maybe the homeowner's waiting. I would if I would think
the homeowner has the right to withhold three four days
of rent because it was promised and that's too long
a time.

Speaker 2 (16:14):
I am assuming a reasonable amount of time.

Speaker 9 (16:16):
Now.

Speaker 1 (16:17):
The one that's interesting is he is withholding run and
he wants you to pay for the hotel bills, so
he wants a double hit hotel bill plus doesn't have
to pay rent.

Speaker 2 (16:28):
That doesn't work.

Speaker 7 (16:29):
I'm not sure if he's like combining those two.

Speaker 2 (16:31):
He might be, and you need if he's in a hotel,
you've got to see the receipt. You've got to see
the receipt and if there is, if the numbers don't
add up, you assume in small claims court that's all
you do, or depending on Florida law, you a victim.
It's awesome. You give him a three day notice to
pay rent or quit. That's all.

Speaker 7 (16:51):
Yeah, that's that's what I was going to do.

Speaker 2 (16:53):
Yeah, it's not that complicated, and you have to look
at Florida law. I don't know.

Speaker 1 (16:55):
I Florida law works the same as California law. We
have a three day notice to rent or quit. At
the end of three days, then you file an unlawful detainer.
It's a lawsuit. To toss those people out. And at
that point you don't have to take rent.

Speaker 2 (17:08):
You're done.

Speaker 1 (17:08):
Those people are on the way on the way out,
even if they offer full amount of money. So Florida
law Richard hi Redchyard, Welcome.

Speaker 8 (17:20):
Yes, Bill, I've got a lawyer who represented me for
the last twenty five years in the middle of a
big lawsuit that I had against an insurance company. My
lawyer has an office in Encino and in Arizona. In
a fight with his third wife, she has him arrested

(17:41):
and put in jail in Mesa, Arizona for because he
got too close one of those whatever you call that,
close to what they are with one hundred thousand dollars. Now,
I was shocked.

Speaker 1 (17:53):
Okay, you got hold on, hold on, you got too
close whatever you call that, and it's one hundred thousand dollars.

Speaker 2 (17:58):
You got to do a little bit of explain any
on that one. Richard.

Speaker 8 (18:01):
Well, that's I don't know much about it because I
haven't clear anything.

Speaker 1 (18:05):
Okay, all right, So what's the bottom line you got it?
Is he still in prison and you pay No?

Speaker 8 (18:12):
No, I got him out. His girlfriend asked me for
the money. I said, I can't give it unless you
can guarantee that John can pay me back. Well, she
did talk to him, came back to me. I have
all of this in emails saying, yes, he has the money.
When he gets out, he'll pay you. Well, he got
out and he needed his money for something else. And
that was in December of twenty twenty one. Oh to date,

(18:35):
that's three years.

Speaker 2 (18:36):
Yeah, how much? How much money you're talking about? How
much money you're talking about?

Speaker 8 (18:40):
One hundred thousand dollars?

Speaker 2 (18:42):
Ooh okay, Well here's your problem, don't okay, is you
don't have an agreement with him. The girlfriend has anything signed, right,
the girlfriend says that you will pay him back, you
know it's yeah, yeah, and he.

Speaker 8 (18:58):
Said it in some emails and oh he said he
would pay you back.

Speaker 2 (19:02):
He said he would pay you back in an email.

Speaker 1 (19:04):
Oh okay, you're covered then, yes, all rights so far?

Speaker 9 (19:07):
Yeah?

Speaker 2 (19:08):
Yeah, no, okay out of one hundred it gave you
two thousand dollars, all right, and you have a written
memorial the lawsuit.

Speaker 1 (19:13):
The statu of limitation is four years, so you're fine.
You're within four years. You got to assume him for
one hundred thousand dollars that's all you can do.

Speaker 8 (19:22):
Yeah, you have not your limitations bill is four years
four years.

Speaker 1 (19:25):
Yeah, in a written contract, and you ever written that memorialization.
Those emails are considered written, those are consideratten contracts.

Speaker 2 (19:32):
Yeah, I would you have no choice? What a mess
that is? Not? It sounds like a lawyer after my
own heart for sure. We want to talk about your
business for a moment. If you are in business, so
let's say you do two million dollars or more and
you are not using a I, well, you're probably losing money,

(19:53):
You're probably losing productivity, competitive edge because I guarantee you
your your competitors are using a So let me suggest
you look at NetSuite. Net suite helps you control your
costs and increase efficiency. It makes you a better business.

Speaker 1 (20:07):
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that hr into one efficient suite. I mean people have
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does it all in one suite and it talks to
each other. So you have real numbers right now, and

(20:28):
boy does this help in forecasting.

Speaker 2 (20:30):
It makes you a better business person. So go to.

Speaker 1 (20:32):
NetSuite Dot com slash handle. That's net suite as in
hotel suites, NetSuite dot com slash handle. There's the free
CFOs Guide to AI and Machine Learning download that see
if NetSuite can help you. Obviously no downside there because
it is free. That's NetSuite dot com slash handle.

Speaker 2 (20:56):
This is Handle on the Law.

Speaker 10 (21:00):
You're listening to Bill Handle on demand from KFI AM
six forty.

Speaker 2 (21:06):
KFI Bill Handle.

Speaker 1 (21:08):
Here on a Saturday morning, right up until eleven o'clock,
we have lines open, and the number, as always is
eight hundred five to two zero one five three four.

Speaker 2 (21:17):
Eight hundred five two zero one five three four.

Speaker 1 (21:21):
Sometimes we're jammed by this point in the show, and
sometimes we are not. And then during the week I'll
get an email bill I can't get it. On Saturday,
the lines are all jammed. They go yeah sometimes and
then sometimes they're not. Feel like a commercial for all enjoy.
Sometimes you feel like a nut. Sometimes you don't. The

(21:42):
number here is eight hundred five two zero one five
three four. That's eight hundred five two zero one five
three four.

Speaker 2 (21:49):
Back we go.

Speaker 1 (21:50):
More Handle on the Law, Marginal Legal Advice.

Speaker 2 (21:54):
Hello Kevin, Kevin, you're up, are you doing.

Speaker 6 (21:58):
Yeah, my question. Uh so it's been over a year now,
sold the house, cleared about one point four million that's
in the bank, but we've taken some out, putting some
in use, some for this that. How has that asset
looked at if things aren't going too and now we're
hitting the.

Speaker 9 (22:16):
Big d, the big divorce.

Speaker 1 (22:18):
That's simple. I mean when you look at the house,
how did you buy the house with money that you
earned during the course of the marriage?

Speaker 9 (22:27):
Uh?

Speaker 6 (22:27):
Yeah, but we sold it. It's been over a year now.

Speaker 2 (22:29):
Yeah, it doesn't matter. It doesn't matter.

Speaker 1 (22:31):
What I'm saying, is all the money you spent on
the house, taking it out, taking it in you were married.

Speaker 2 (22:36):
Well let me okay, let me go the other way.
How long you been married, Kevin.

Speaker 6 (22:40):
Twenty years?

Speaker 2 (22:41):
Okay, So it's fair to say.

Speaker 1 (22:42):
All the money you have you accumulated during the course
of the marriage, and you bought the house during the
course of the marriage with assets you built up during
the course of the marriage.

Speaker 2 (22:52):
Correct, Yes, Oh yeah, that's easy. No matter what you do,
it's fifty to fifty.

Speaker 6 (22:59):
Okay, some of the money's.

Speaker 1 (23:00):
Gone, how that doesn't matter. It's just some of the
money's gone. It's like, the both of you spend some
of the money.

Speaker 2 (23:07):
What's all it is fifty to fifty. Yeah, yeah, whatever
is left the.

Speaker 6 (23:15):
Only argument why not?

Speaker 9 (23:17):
Really?

Speaker 2 (23:17):
I mean there could be yeah, yeah, it could if
one party. For example, your wife comes in.

Speaker 1 (23:22):
I'm assuming here's your wife, not your husband, right, yep, okay, okay,
just wondering.

Speaker 2 (23:27):
Okay, so your wife.

Speaker 1 (23:28):
Comes in and is arguing and can't argue. What Kevin
did is he took the money and he used it
for something without my permission.

Speaker 2 (23:37):
He stole the money from us. Not that you're going
to go to prison or anything, but that is what
at the divorce they equalize it.

Speaker 1 (23:44):
And if you've taken one hundred thousand dollars out of
the community assets and used it for whatever, and didn't
use it for the community to use it for yourself,
well then you owe her fifty thousand dollars out of
that one hundred thousand. But if both of you knew
what you were taking out at the time, both of
you knew what you were putting in and replacing it,

(24:05):
it's all fifty to fifty Kevin, every bit of it.

Speaker 2 (24:09):
So just figure out that.

Speaker 6 (24:10):
We've been living we've been living off of it, and yes,
I've reduced my business down so that now I you know,
now I'm making like three thousand dollars a month and
she's making more.

Speaker 1 (24:23):
Because that's the argument right now, there is no argument
you're entire if she's making more.

Speaker 2 (24:28):
If she's making more than you, you can spill a little support.
That's all. When did you start the business? By the way,
was it during the course of the marriage?

Speaker 1 (24:35):
Oh yeah, okay, well she owns half the business, so Kevin,
it doesn't matter.

Speaker 2 (24:40):
It's what she's making what you're making. It's all fifty
to fifty. It's all fifty to fifty. It doesn't matter.
It doesn't matter.

Speaker 1 (24:49):
You can reduce your salary so you can increase hers, you get.

Speaker 2 (24:52):
It's just it's all the same. It's all fifty to fifty.

Speaker 6 (24:54):
So the judge says that you owe this much than
from what I'm working now, then that's why I have
to pay that reimbursement.

Speaker 1 (25:01):
Well, why would the Joe Wait said, Why would the
judge say you owe this much when she makes more
money than you do.

Speaker 2 (25:07):
Why would the judge say you.

Speaker 6 (25:08):
Owe her off of the assets of the.

Speaker 1 (25:11):
Miss No, it's not gonna do that, Judge is not
know if if, as I explained Kevin to you, if
you did not take that money furtively and not let
her know and spend some personal gidget or widget. Uh no,
it's all it's all equal. It's not to worry or
go ahead and worry. And he seems like he's gonna worry.

(25:33):
All right, guys, we uh god, this hasn't happened very often.
All right, So Sam, we've got to get our music
going again, because here is what happens occasionally, and that is, uh,
we've gone through the phone calls. I'll be on through
the forty fairly quickly, and we don't have any up.
So uh, here is what you do. You lucky, lucky bastards,

(25:55):
now get to listen to g We don't have phone
calls at eight hundred and five to zero one, five,
three four, and the music you.

Speaker 2 (26:02):
Get to listen to while we're waiting my s throw
please check baby check it baby spin shark tube baby shark.
Now how long have we been playing this?

Speaker 1 (26:18):
I think my world record is maybe eight ten minutes
of people listening. And for those people that are listening,
they're waiting for a phone call.

Speaker 2 (26:28):
Did you ever see the movie Scanners.

Speaker 1 (26:30):
It's a very bad nineteen fifty science fiction film where
a certain sound or a song like this one is
played and people's head actually explode. So hopefully he has
some sound effects of people exploding. I'll here's some calls
coming in, Thank goodness. Number eight hundred five to zero

(26:53):
one five three four.

Speaker 2 (26:55):
Is the number to call.

Speaker 7 (26:58):
Sam.

Speaker 1 (26:58):
Can we take an early break on this one and
wait for these calls to come in?

Speaker 4 (27:02):
Yeah?

Speaker 2 (27:02):
Why don't we do that? And we'll be right back.

Speaker 1 (27:05):
The music keeps on going, ladies and gentlemen. Eight hundred
five two zero one five three four. This is Handle
on the Law. We keep on going.

Speaker 2 (27:17):
But I'll tell you you thought you were going to
listen to this for the next ten twenty minutes. Wrong.
We actually do have fun calls. Handle here.

Speaker 1 (27:26):
It is a Saturday morning, and the number is eight
hundred five to zero one five three four.

Speaker 2 (27:30):
And now we have a board.

Speaker 1 (27:31):
You know, sometimes for some reason, it's just people just
want to listen. Well, you can't just listen because I
need people to call and then start screaming at me
so I can scream back. And the number is eight
hundred five to zero one five three four.

Speaker 2 (27:46):
Got it?

Speaker 1 (27:47):
All right, welcome back, Bill. Handle here marginal legal advice.
Carlos Hi, carlos Hi.

Speaker 2 (27:55):
Bill, Yes, so I have a question for you.

Speaker 10 (27:58):
I got into a hit and run accident back in March,
and after several months of you know, chasing the sheriff's
apartment to try to get information on the other driver,
managed to get information on the other driver they hit me.
My vehicle was repaired through my insurance, you know, through
my insurance that I have, and they obviously after paying
my deductible, they fixed it. Then a few months later

(28:21):
I find the driver. Then the my insurance gets a
hold of his insurance and then they settle, you know,
they go after his insurance. But my question to you
is do I have any illegal standing to pursue a
lawsuit for that other driver aside from just getting my
vehicle repaired?

Speaker 1 (28:37):
Well, let me ask you, what what are your damages?

Speaker 2 (28:41):
What would you assue them for?

Speaker 10 (28:43):
Well, it was about nineteen grand of the damages that
they did do.

Speaker 4 (28:47):
With No I did that?

Speaker 2 (28:48):
How much of how much of the insurance company pay.

Speaker 4 (28:52):
The full amount?

Speaker 1 (28:53):
Okay, so the car was repaired, and so now what
do you want on top of the repair, do you
want the entire repair.

Speaker 2 (29:02):
Amount to go to you.

Speaker 10 (29:04):
Well, I'm my thing is that the car is no
longer worth the value that it was when.

Speaker 2 (29:09):
Ah okay, I got it all right, see that. I
think that's yes.

Speaker 1 (29:14):
I would argue the diminuation of value of the car.
That is a damage that you have sustained. Sure, you
can go after the driver for that. You can also
go after the driver for any personal injury that you
had which you don't have. And you can actually go after.

Speaker 2 (29:30):
The driver for the deductible.

Speaker 1 (29:34):
And the problem is that when the insurance paid off. Well, no,
I still think you can. Yeah, I think you can.
They take over the case. Yeah, I think you're Okay,
yep you can.

Speaker 6 (29:45):
So what kind of lawyer?

Speaker 2 (29:47):
Well, now you would, Now you wouldn't.

Speaker 1 (29:49):
You wouldn't because the car how much in value to
the car drop?

Speaker 10 (29:54):
I would say probably, I don't know.

Speaker 2 (29:56):
Fifteen Okay, how much is it? Let me asked this,
how much is the car worth?

Speaker 10 (30:03):
I we'd say right now about forty Well it would
have been worth about forty five, maybe fifty.

Speaker 2 (30:08):
And how much is it? And how much is it?

Speaker 1 (30:09):
It would have been worth forty four, So it's nine
thousand dollars less.

Speaker 10 (30:14):
Yeah, probably have not maybe a little more, but yeah that.

Speaker 1 (30:17):
Okay, Well you have up to if you're in California,
you have up to twelve thousand, five hundred dollars to
sue in small claim court.

Speaker 2 (30:22):
You're not going to get a lawyer. You're gonna do
this one on your own.

Speaker 1 (30:25):
And you sue the guy now because you can't find them,
and what are the chances of him paying you back
ten grand?

Speaker 9 (30:33):
Now, well, I did I did find We did find him.

Speaker 1 (30:35):
We know That's not what I'm asking. Yeah, that's not
I'm asking what are the chances of him? What are
the chances of him paying you back ten thousand dollars?
Oh right, yeah, you have to look at that too
before you go into small claims court.

Speaker 2 (30:50):
See a lot of people don't realize that. And there
you go.

Speaker 1 (30:53):
Can I get the guy? Well, of course you can. Uh,
well I can't find them, but I want to assume them. Okay,
go ahead. You eventually sue him and you get your judgments.
Because these people don't show up in court. They're going
to defend themselves. No, of course not. They let it
go and now you get your judgment after finding him
and serving him. So you get a default, which means
he's done or he doesn't show up, and the judge goes, okay,

(31:14):
you win.

Speaker 2 (31:15):
And now you're sitting on a judgment. Now what do
you do? And people call me Bill, I have a judgment?
How do I collect it? Or when the court gives
me a judgment, how come I'm not giving my money
getting my money? Because the court doesn't collect for you.

Speaker 1 (31:28):
That's why you collect on your own, and sometimes it
becomes almost impossible.

Speaker 2 (31:36):
Phil, Hello, Phil, Welcome.

Speaker 9 (31:39):
Good morning Bill. Yes situation, Yes, I have a situation
where my folks put me on their trust many years ago,
and when they did there was no increase or no
re calculating of the taxes. It's been that way for
years now. I would like to put my son on,

(31:59):
but I heard that now they reevaluate your taxes and
would charge the property at today's rate, which would be
a disaster. Where do you think I stand on this?

Speaker 1 (32:11):
Okay, well hang on him? And all right, So are
your folks still alive?

Speaker 9 (32:16):
No?

Speaker 1 (32:16):
No?

Speaker 2 (32:16):
They okay, so you know, so there is no so
and the trust hasn't been distributed. Who owns the house
at this point? The trust?

Speaker 9 (32:22):
You the trust?

Speaker 2 (32:25):
The trust still owns the house. Okay when did Uh.

Speaker 1 (32:30):
Is the trust the owner of the property or are
you and your wife the owner of the property.

Speaker 9 (32:37):
Well, it is in the trust. We actually own it.

Speaker 2 (32:41):
No, no, it's one. No, it's one of the two.
It is one of the two. Either the trust owns
it or you own it. If I were to pull
title right now, whose name would be on the title
of that house?

Speaker 1 (32:54):
Would it be the trust? The trust owns the house?
And now when did your folks.

Speaker 9 (32:58):
Die about seven years ago?

Speaker 2 (33:02):
Why was the house never transferred to the two of you?

Speaker 9 (33:07):
Well, it is my wife and I are the trust.

Speaker 2 (33:10):
Now, no, you're not the trust. No, no, no, Phil,
you are not the trust. The trust is the trust.
The trust stands alone. It's its own entity. You're conflating
the two. You're conflating the two.

Speaker 9 (33:26):
Okay, And you were the owners my wife and I.
Actually I was the owner.

Speaker 2 (33:31):
You weren't you?

Speaker 1 (33:32):
No, you weren't the owner of the trust. Your parents
were the owners of the trust.

Speaker 9 (33:38):
Yes, yes, you're correct.

Speaker 2 (33:39):
I am correct. So now they die, who was the trustee?

Speaker 9 (33:47):
Uh? The attorney?

Speaker 2 (33:49):
The attorney? Well okay, great, now usually that's not the case.

Speaker 1 (33:52):
Now did the attorney transfer the property to you and
your wife. Yes, okay, so the trust no longer owns
the proper you and your wife owned the property. I'm
losing my patients very quickly here. So now you and
your wife owned the property. Correct, Yes, and thank you.
So the trust is gone, the trust is finished. There
is no trust. Property is you and your wife. And

(34:14):
now you want to leave your son's name in a
trust that doesn't have anything in it because the only
thing that the only people that own that house are
you and your wife. So why don't you just leave
your kid the house? Because there's no trust anymore. It's
been distributed.

Speaker 9 (34:32):
Even though we established our family trust, my wife and I.

Speaker 1 (34:36):
Okay, hold on. Yes, so you established your family trust.
So was the property put from their trust into your trust?
So now a trust again owns it, so it's not
your Okay, we're done, thank you.

Speaker 2 (34:50):
Yes, I am now foaming at the mouth.

Speaker 1 (34:53):
If you were to see me, if this were video
right now, you would think I'd be brushing my teeth
because I'm foaming so much, and I wouldn't not even
a little bit.

Speaker 2 (35:02):
Oh man, uh Joe, Hello.

Speaker 9 (35:04):
Joe, Hey, good morning Bill. How are you?

Speaker 2 (35:08):
Yeah?

Speaker 9 (35:08):
Go ahead, a big fan of the show. Yes, sir, hey,
I have a quick question.

Speaker 11 (35:13):
My mother was murdered in downtown LA and we had
a civil suit that the murderers were actually found liable
to killing my mother and we've been trying to pursue
it criminally. And I was wondering what your thoughts are
on how to get something like that across.

Speaker 2 (35:30):
Wow, how is your It's a tough one. How was
your mom murdered?

Speaker 11 (35:36):
She was abducted by security guards at the Builtmore Hotel's
kind of international news.

Speaker 1 (35:41):
Oh and the security guards and the security guards killed her.

Speaker 4 (35:47):
Correct?

Speaker 2 (35:48):
Oh okay, and so you wow, that is a lawsuit.

Speaker 1 (35:51):
So did they settle for big money?

Speaker 9 (35:55):
They did settle.

Speaker 11 (35:56):
I wouldn't call it big money, but the settlement was
upon you know, going after them criminally. And then our lawyer,
my father just put a book out, a False Sense
of Security that kind of detailed everything.

Speaker 9 (36:10):
Okay, after the money, After.

Speaker 11 (36:12):
The money came, the lawyers left.

Speaker 2 (36:13):
So okay, Well, hang on a minute.

Speaker 1 (36:15):
If the settlement was contingent on the authorities going after
the perpetrators criminally and they haven't been gone after criminally,
that means you don't have the money, correct, it's sitting
someplace until some prosecution.

Speaker 3 (36:30):
No, no, sir, no, everyone was paid.

Speaker 2 (36:33):
Okay, So it's not contingent. Okay, So the money is
not contingent on going ahead. Criminally you got the money.

Speaker 3 (36:39):
The money was in our word on settling.

Speaker 9 (36:42):
Was the contingency?

Speaker 1 (36:44):
Oh just you okay, okay, So the settlement was not
part of the contingency the settlement.

Speaker 2 (36:50):
There was no contingency. Here's some money and we're paying. Okay.

Speaker 1 (36:54):
Now, yes, you want to go after the bad guys criminally,
and the authorities are not cooper They're not going after
the bad guys here.

Speaker 9 (37:03):
That is correct. Yeah.

Speaker 1 (37:07):
That I got to tell you, Joe, that's their call.
It's not yours. It's not your car.

Speaker 4 (37:14):
No.

Speaker 2 (37:14):
Oh no, absolutely not. You can't help.

Speaker 1 (37:16):
You can't force them to prosecute a case because here,
here are the rules. And you say, oh, Bill, but
we got them civilly, well, uh, a civil prosecution needs
far less evidence and proof than does a criminal prosecution.
So in other words, they could be saying, Okay, civilly,
there is enough evidence to get a judgment, but.

Speaker 2 (37:39):
Criminally there isn't.

Speaker 1 (37:41):
We'll never get a conviction based on the evidence we
have even though civilly you have one. So no, there's
there's nothing you can do about if if the authorities
don't want to go, you don't go. You put pressure
on them. You can go to your council person, you
can go to the UH, go to the media. But
it's absolutely their call.

Speaker 2 (38:00):
And it's tough.

Speaker 1 (38:01):
It's a tough one to live with. Let me tell
you a little bit about or you don't have to.
I don't have to tell you because you're the one
that lives with it. I'm talking about chronic pain. Or
you know someone who lives with chronic pain and trauma. Man,
that is no fun. That is debilitating stuff. I mean,
chronic pain is twenty four to seven. So let me
suggest a listening to a podcast called The Pain Game Podcast.

(38:26):
The Pain Game podcast is all about pain. It's all
about trauma. It's all about people who are suffering from
and dealing with and treating And a lot of people
think they're alone with this chronic pain.

Speaker 2 (38:39):
You're not. There are a lot of people in the
same boat.

Speaker 1 (38:42):
And the Pain Game podcast podcast is about bringing all
those people together and it's really well worth listening to.
Season three is in full force and effect it's the
Pain Game Podcast on social It's at the Pain Game Podcast.
At the Pain Game Podcast you can listen to wherever

(39:03):
you listen to podcasts, and this, well, the show is
about giving pain purpose. I know that sounds kind of weird,
but once you listen, you'll know what I'm talking about.

Speaker 2 (39:12):
The Pain Game Podcast. This is Handle on the Law.

Speaker 10 (39:17):
You're listening to Bill Handle on demand from KFI AM
six forty
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