Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
You're listenings kf I AM six forty the Bill handles
show on demand on the iHeartRadio FI AM six forty.
Don't handle there. It is a Saturday morning, and we
start three hours of frivolity where I answer your usually ridiculous,
(00:22):
sometimes not marginal legal questions with my marginal legal advice.
And as it is the first hour, the first segment
of the first hour almost sounds like Armistice Day, right,
the eleventh hour of the eleventh day of the eleventh month,
which is now Memorial Day or Veterans Day. So the
(00:45):
number is eight hundred five two zero one five three four.
Eight hundred five two zero one five three four, And
that is a number to call. And obviously you're going
to get right in because you'll be among the first group.
Eight hundred five two zero one five three four the
(01:06):
number to call. Man, what a week it has been, Huh,
I'm naming a go through the week, I mean all
on Monday through Friday on the Morning show. It has
been completely crazy, as you can imagine. All right, let's
before we get to the phone calls. I want to
tell you what's going on in the world. And this
story has to be with Walmart. I want to remind
(01:27):
you the number eight hundred five two zero one five
three four. All right, Walmart has just been hit with
a five point six million dollars fine. Why well, that
is a settlement with the state of California, and it
(01:49):
has to do with a consumer protection lawsuit accusing the
company of overcharging the customers. And so here is the
charge that Walmart allegedly sold products with less weight than
was shown on the label, including produce, baked goods, prepared foods,
(02:11):
or items of that ilk. And these are not manufactured
items from the big manufacturers that are in those packaging
that's on the shelf. No, this is stuff that was
made there, stuff that you would weigh out. And it's
the produce, the bake goods there, you know, the bread, etc.
(02:33):
So it is five point six million dollars. I want
to go back to that five point six million dollars.
For a company like Walmart, this is equivalent to you
finding spare change in the cushions of your couch. There
are two hundred and eighty stores in California. Walmart was
(02:57):
also sued for the same thing in twenty twelve, and
that point they paid two point one million dollars to settle.
So again, as of last week, Walmart is going to
pay again, in this case five point six million dollars
and civil penalties and to cover the costs of the
(03:20):
investigations one hundred and forty thousand dollars. And this settlement
was reached with a DA's office from Santa Clara County,
San Diego County, San Bernardino County, Sonoma counties. And I
always wonder why Walmart goes to Why do you go
(03:43):
after Walmart? I mean, you know what kind of money
does Walmart do? One hundred billion dollars a year? Does
that make sense? And then you hit them up with
five million dollars in fines. I mean, if you're going
to find a company, if the government is going to
find a company or settle with a company in this case,
(04:04):
for a company like Walmart, the number should be in
the well hundreds of millions of dollars so they actually
feel the fine. The major was it Apple got hit
where with Google got hit with two billion dollars in
Europe for what they did see That is a hit.
(04:28):
Five million dollars for a company like Walmart means absolutely nothing.
I mean, it's all right to settlement. It's a settlement,
it says something. Maybe it's just a statement, and they
just keep on doing it. So they go, you go
back to twenty twelve, and so you know that's what
fourteen years ago, thirteen years ago and two point one
(04:51):
million and then now five point six million. Okay, whatever,
All right, guys, we are waiting for phone calls. We're
off to slow start today and the number is eight
hundred and five two zero one five three four. By
the way, when we come back after the break, and
we don't and I don't have phone calls, and sometimes
(05:12):
it is a slow start on the show, so you
probably maybe you're going to listen to my favorite music
in the entire world, and that is music to hopefully
generate a phone call or two. All right, and before
we bail, I want to tell you about Zelman's and
a lot of fun stuff is coming up. Zelman's is
(05:36):
sponsoring an evening Saturday night, October eleven at the Anaheim
White House Restaurant and it's basically a test to show us,
to show you whether Zelman's the Mintie mouth works or not.
And you've been hearing me talk about Zelman's for a
long time. And so this is a dinner at the
(05:57):
Anaheim white House, and we're gonna do a bad breadth dinner,
lots of garlic, lots of onions that of course sell
the rest of the wonderful food that the Anaheim White
House serves. And so here's what's happening. We are going
to invite five people plus their guests to join us
for dinner that night. Neil Sevadra and I are going
(06:18):
to host it. Zelman's will be there, of course, and
the restaurant destination restaurant without the destination prices, and what
an evening it's going to be. So here's how to enter.
Any purchase whatsoever of Zelman's during the month of August
will automatically enroll you, enter you into the contest. Now
(06:39):
you can go to the website and all kinds of
restrictions and the minimum stuff and what you're able to
do anyway is on Zelman's website. So go to Zelmans
dot com if you would like to be entered Zelman's
Z E L M I N S zelmans dot com
and the promo code is KFI. That's Zelmans dot Com
(07:00):
promo code KFI. This is handle on the law. This
is KFI a M six forty bill handle here it
is a Saturday morning, eight hundred and five two zero
one five three four, And we actually did have phone calls.
It was just my computer screwing up a little bit.
Welcome back. Handle on the law. Marginal legal advice. Hi
(07:24):
fill us, you're up. What can I do for you?
Speaker 2 (07:28):
Good morning. I'd like to have clarification on some of
the talked about. I'm the homeowners and one hundred dollars yeah, maximum.
Speaker 1 (07:40):
Fine, Yes, yes, we talked about that. Yeah, it's only
it's California that just passed the law, and it has
to do with condo owners and well actually homeowners associations
nailing individual homeowners. For example, Let's say I paint my
house a color that I shouldn't have painted, or they
(08:02):
say I shouldn't have painted and I haven't gone through
the various procedures they used to be able to hit
me with a fine, and if I didn't straighten it
out or pay the fine immediately, they could hit me
again and again with penalties and just keep on going
where it could reach thousands of dollars. California just passed
(08:23):
a law saying hundred bucks. That's it. That's it maximum fine,
one hundred dollars total. So now they've taken the power
away from the homeowners Association. The hoa's given it to
the homeowners where it doesn't matter what the homeowner does.
Paint a house purple, add a second story where as
(08:45):
long as meets city code, and the homeown Association can
only charge one hundred bucks. So all the power now
goes to go goat.
Speaker 2 (08:57):
In other words, I paint my house purple. My name
is complain. Can I keep getting fined one hundred dollars
every month or one fine.
Speaker 1 (09:08):
One fine hundred bucks. That's that's why I give the
homeowners complete total power. Now, Big Al, Hello, big Al?
Speaker 3 (09:21):
Hello?
Speaker 1 (09:22):
Yeah? How big are you out? Yeah? How big are you?
Speaker 4 (09:25):
Al?
Speaker 2 (09:27):
Mum?
Speaker 4 (09:28):
As big as you?
Speaker 1 (09:29):
No? I'm okay. How about this one. I'm about six
foot and I weigh one hundred and ninety pounds, okay,
and I'm not big Bill.
Speaker 5 (09:38):
Okay, all right, Well I'm six foot, I weigh two
hundred and fifty pounds.
Speaker 1 (09:42):
Okay, you're big Al, Okay, big Al? What can I
do for you?
Speaker 2 (09:47):
Hey?
Speaker 5 (09:47):
I call him. A couple of weeks ago, I was
the guy in the car accident that that got hit
by three cars.
Speaker 1 (09:54):
Yes, I remember on the freeway. I remember, Okay, yes, sir.
Speaker 5 (10:00):
I wanted to know what's the difference between a settlement
and a judgment.
Speaker 1 (10:05):
Okay, that's actually a pretty decent question, because a lot
of people don't know. A settlement is exactly what it
sounds like. The case goes away whichever party pays, or
they come to some kind of an agreement where okay,
let's walk away and we won't go forward, and then
it disappears. Settlement disappears. The other one is a trial
(10:31):
and an award. In other words, a judge or a
jury gives an award to one or the other party.
Either If I'm suing you and I'm taking it to court,
Let's say I'm suing you for ten thousand dollars. If
I settle for five thousand or eight thousand dollars or whatever,
I just pay it, it disappears, there's no record, nothing.
(10:52):
If I get a judgment against you, that is a
court order that I now can go ahead and and
collect the money, pursue into a court order, and that's
a record that stays on your record, that I have
a judgment and actually will hit your credit report. Those
are the differences. John, Why am I any people at
(11:15):
two hundred years old today?
Speaker 3 (11:17):
Hello?
Speaker 1 (11:17):
John?
Speaker 5 (11:19):
Yeah? Yeah, Bill, Yeah, I have I have a house
that the is on a one year release and the
tenant accidentally started a fire which destroyed the entire interior
of the house. Do I have any obligation to this, to
this tenant, uh, to refund any money or anything?
Speaker 1 (11:43):
Yeah? Okay, Well how much money do you have of his?
Speaker 5 (11:46):
Just half a month's rent?
Speaker 1 (11:48):
Okay? Yeah, I mean do you have an obligation?
Speaker 3 (11:55):
Yeah?
Speaker 1 (11:55):
As I go, I mean, no, one's gonna argue. I mean,
it's here's what you're gonna say. It's his all right,
He's the one that lit the fire, and therefore the
lease is over at that point, I mean, it is done,
it is finished. And therefore theoretically, yes, you're holding on
to his to his deposit, and yeah, you have to
(12:17):
return it, except he lit the fire, and what is
that going to cost you? And he's negligent. So no,
as a matter of fact, you're going to go to
your insurance company and they're going to go after him,
or you're going to go after him. So five hundred
dollars I would probably hold on to at that point.
All right, a quick word about your business. AI Artificial
(12:40):
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(13:01):
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so let me suggest going to NetSuite dot com slash handle.
You get the free CFOs guide to AI and machine
(13:22):
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NetSuite dot com slash handle. That's H A, N D,
E L. NetSuite dot com slash handle. This is handle
(13:45):
on the law.
Speaker 6 (13:47):
You're listening to bill handle on demand from KFI AM six.
Speaker 1 (13:51):
Forty and welcome everybody. Welcome back Handle here on the
Legal Show Saturday morning, eight hundred five two zero one
five three four eight hundred five two zero one five
three four and we do have phone calls. My icon
screwed up. Okay, back we go. More Handle on the Law,
(14:15):
Marginal legal Advice. Hello Jerry, welcome to Handle on the Law.
Speaker 5 (14:20):
Look, yes, thank you.
Speaker 3 (14:23):
Is there a statute of limitations on how far back
a bank.
Speaker 1 (14:29):
Is obligated to reimburse for fraud? For fraud is four
years now? On the other hand, On the other hand,
proving fraud against the bank, boy, that's not easy to do.
You know, when you see a bank you've really bought it.
They don't just roll over. I mean they fight. You
go to small claims court. I mean, which is how
(14:51):
much were you to frauded? What's the amount of money
you're defrauded about?
Speaker 5 (14:56):
Or from twelve five.
Speaker 1 (14:58):
Hundred Okay, well that's exactly small claims court. But they're
going to kick it up and you're probably going to
be in municipal superior municipal court. It's probably the first
thing they're going to do, especially for twelve five hundred
dollars and you bought yourself a court case, So I
would I mean I would try, Yeah, I would try
(15:20):
small claims on that one. I mean, what else are
you going to do? Also, you can complain to the
FDIIC and the state authorities that control You're better off
just going up the food chain for sure, and seeing
if you can go that way. Cheryl, Hi, Cheryl.
Speaker 3 (15:39):
In nineteen twenty twenty two, my husband got a small
business loan for one hundred and fifty thousand dollars and
it's the disaster COVID nineteen economic injury loan, and in
twenty twenty four the business really never recuperated. He's you know,
(16:00):
he's like a one man show. He buys himselves heavy
duty trucks, and he's got a lot of physical issues now.
So he started paying interest only for about a year,
and now he's been diagnosed with prostate cancer. So there's
no way that he can work anymore. And we still
(16:20):
owe one hundred and fifty thousand plus now interest. So
he's seventy eight years old and we're wondering if there
is any way that we can get this loan forgiven.
Speaker 1 (16:32):
Well, how it okay? How about that? Have you thought
a bankruptcy. One hundred and fifty thousand dollars a lot
of money. So bankruptcy certainly is the answer. Now, since
it was a government loan, probably an SBA loan or
maybe through some other agency for an emergency loan, you
have to look at the terms a loan because quite
(16:53):
often government loans they don't care if you go bankrupt
on him. You still owe the money. So you have
to look at what the document is. And obviously I
don't have the document in front of me, and I
don't do that area as well, so I wouldn't know that.
Matter of fact, I don't know much about anything, but so,
and there may be a forgiveness process if you've gone
(17:13):
out of business. But my guess is prostate, I mean prostate.
My guess is him one way of doing him dying,
which is always a good thing to do legally. Now,
you may not be so happy about him kicking off
because you know he's been around for a while. How
long you been married?
Speaker 3 (17:34):
Fifty seven years?
Speaker 1 (17:35):
Oh that's long enough, yeah, Cheryl, that's way too long,
Yeah for sure. So see if the government has a
programm like that, and whether you can go bankrupt or not. Absolutely,
let me say, phone calls aren't bad, you know what,
the questions are not bad. I've had far, far worse.
Speaker 4 (17:57):
Frank.
Speaker 1 (17:58):
Let's see if you can ruin it for me. Oh, Frank,
what can I do for you?
Speaker 6 (18:02):
I have a question for you regarding the statue of limitation.
I built the patio detached from my home twenty years ago,
and the pulse are made of concrete and the roof
is made out of like three by three of wood. Well,
after twenty years, the termites got to the roof and
(18:24):
I'm going to replace it with an aluma of wood
that fake wood to last another twenty years. And the
question is is there a statue of limitation in that
I did not submit plans to the home.
Speaker 1 (18:39):
Not on that one. No, No, there's no statue. But
they can still say you're out of r code, you're
out of the provisions of the HOA. And it really
doesn't matter when you put it up, it's when they
discovered it. And then you have the city also if
you're not permitted, what do you do with those things
(19:00):
that I've had those and I've actually had that problem
when I'd bypassed the city. And this was a couple
of hourses ago, because I'm basically a shmuck and I
didn't want to deal with it. And I probably wouldn't
have passed because it would the encroachment. It was too
close to the property line, and that is you can
bring it up to code ask for a waiver since
(19:21):
there have been there twenty years. But it's I would stay.
I would stay away from the HOA. They don't know
about it, so do.
Speaker 6 (19:36):
I'm repairing it. I'm not building it and I'm repairing it.
Speaker 1 (19:39):
Yeah, but it's still out of code. So here's what
I would do is not let them know about it,
like they don't know about it at all. Have someone
come in, let them do the repair or replace the
roof in the middle of the night, very quietly, and
it just disappears. That's my I thought dealing with the HOA.
(20:02):
I always have horrible problems with the HOA. Although, as
I said earlier, there is in California all you get
hit with is one hundred dollars fine. It used to
be the HOA could say, for example, tear it down,
or for example, we're gonna find you until you tear
it down, and you don't, and you keep on going
(20:25):
and going, back and forth, and all of a sudden
you're looking at thousands of dollars of fines, which in
some instances they can cut fore clothes on the property.
Not often, and there's some obviously some restrictions to that one.
Now it's just one hundred dollars fine one time. That's it.
Homeowners have all the ammunition. Here. This is handle on
(20:49):
the law, and good morning, everybody. Handle here on a
Saturday morning. Eight hundred and five two zero one five
three four. Back we go. More on the line, marginal
legal advice. Hello, Jeff, you're right, yes, yes, yes, hey,
(21:11):
oh you got to get off that no no, no, no, no, no,
you got to get off that speaker phone if you're
on one. Uh. Okay, all right, part question, Yes, being.
Speaker 5 (21:25):
A license contractor, what uh what.
Speaker 1 (21:33):
Can they be doing work as handyman and what should
it be?
Speaker 5 (21:37):
The repercussions and also being a handy and what are
the limitations as far as license costs, limits and turns.
Speaker 2 (21:44):
Et cetera.
Speaker 1 (21:45):
Okay, the first question, A general contractor can do anything,
all right. You don't have to be a handyman. Handy
work you can do. You do three dollars worth of
work under his general license. So the other side of
that is a handyman has to be licensed for anything
(22:05):
other than five hundred dollars in terms of work in
the on the house, the property. Now a bunch of
rules there. California five hundred bucks, all right, other states
of one thousand dollars. And some states have the handyman's licenses,
others don't. And so anything over five hundred dollars, I
(22:25):
have a license. By the way, nobody pays attention to that.
I mean nobody. I have never heard of anybody being
nailed unless you have a handyman that builds a house.
But short of that, no, it just doesn't happen. Mark. Hello, Mark, welcome.
Speaker 5 (22:46):
Yeah.
Speaker 4 (22:46):
I have a friend who, yes, hello.
Speaker 1 (22:49):
Yeah, I'm here. Yeah, I'm here.
Speaker 4 (22:52):
Yeah, a friend who was bitten by a dog at
a local park.
Speaker 1 (22:56):
Uh huh.
Speaker 4 (22:57):
And it was a pretty bad bite. It took out
of the back of her left knee, okay, and the
person apparently was in control of the dog just left
like she was like, oh that doesn't look bad, I
gotta go when took off. So she got a license
plate of the vehicle that the person was driving. She
(23:19):
made a police report, but the police don't seem like
they're really interested in doing anything.
Speaker 1 (23:24):
They don't. They don't. I mean, the cops never unless
it's a real serious case. And if she had said
that the owner of the dog brandished the gun and
put it in her face and said, I'm gonna blow
your brains out, the cops don't show up. By the way,
that's a very very interesting area of the law. There's
hit and run and then there's bite and run, and
that's what happened here. It's a bite and run. So yeah,
(23:48):
so she has to find him now, and at least
she's gonna know, but at least she starts with that.
But she has to find them. That's it.
Speaker 4 (23:56):
So she should she should she get a like a
private detective or I would think so, yeah.
Speaker 1 (24:01):
Because the case, Yeah, because the case is pretty good.
The case is pretty good. I mean a chunk out
of yeah, well yeah, well the twelve stitches are it
doesn't matter. Well, it's still injury. But taking a chunk
out of her leg, I mean that it was an okay, well,
you know, then there is the chunk chunkless leg, which
(24:23):
is you know, or the chunked leg. That's that's a
big issue. Legally, so she has to track them down.
You know what I do? First, go to a personal
injury lawyer and say what could I do? Because if
the case is big enough and there's enough information, they'll
go after the dog bite person. They will absolutely, So
go to handle on the law dot com. Yeah, go
(24:44):
to the website and yeah, yeah, go to the website
and talk to one of those lawyers. I'll tell you now,
if you live in pain, which I'm sure this woman does,
but chronic pain, where the pain is there twenty four
to seven or you know someone who does it is
it's hard not to be alone. It's hard not to
(25:06):
feel that you hurt and there's no answer medically. It's tough.
So let me tell you about the Pain Game podcast.
There is a community here. The Pain Game podcast has guests,
for example, that live with, deal with, have treated those
people living in pain, and have lost people due to pain,
(25:28):
and that is a heartbreaker. But that's what chronic pain
can do to you. The host, Lindsay Soprano, deals with
this twenty four to seven a day, and so she
knows and she cares and that's how she helps herself
and others. Every episode of the Pain Game podcast ends
with a message of hope and what the show is
about is giving pain purpose. Yep, you know pain can
(25:52):
have purpose and that is what the Pain Game podcast
is about. So you can follow on social at the
Pain Game Podcast. Season three is now in full force
The Pain Game Podcast. This is Handle on the Law.
You're listening to Bill Handle on demand from KFI AM
(26:14):
six forty
You're listenings kf I AM six forty the Bill handles
show on demand on the iHeartRadio FI AM six forty.
Don't handle there. It is a Saturday morning, and we
start three hours of frivolity where I answer your usually ridiculous,
(00:22):
sometimes not marginal legal questions with my marginal legal advice.
And as it is the first hour, the first segment
of the first hour almost sounds like Armistice Day, right,
the eleventh hour of the eleventh day of the eleventh month,
which is now Memorial Day or Veterans Day. So the
(00:45):
number is eight hundred five two zero one five three four.
Eight hundred five two zero one five three four, And
that is a number to call. And obviously you're going
to get right in because you'll be among the first group.
Eight hundred five two zero one five three four the
(01:06):
number to call. Man, what a week it has been, Huh,
I'm naming a go through the week, I mean all
on Monday through Friday on the Morning show. It has
been completely crazy, as you can imagine. All right, let's
before we get to the phone calls. I want to
tell you what's going on in the world. And this
story has to be with Walmart. I want to remind
(01:27):
you the number eight hundred five two zero one five
three four. All right, Walmart has just been hit with
a five point six million dollars fine. Why well, that
is a settlement with the state of California, and it
(01:49):
has to do with a consumer protection lawsuit accusing the
company of overcharging the customers. And so here is the
charge that Walmart allegedly sold products with less weight than
was shown on the label, including produce, baked goods, prepared foods,
(02:11):
or items of that ilk. And these are not manufactured
items from the big manufacturers that are in those packaging
that's on the shelf. No, this is stuff that was
made there, stuff that you would weigh out. And it's
the produce, the bake goods there, you know, the bread, etc.
(02:33):
So it is five point six million dollars. I want
to go back to that five point six million dollars.
For a company like Walmart, this is equivalent to you
finding spare change in the cushions of your couch. There
are two hundred and eighty stores in California. Walmart was
(02:57):
also sued for the same thing in twenty twelve, and
that point they paid two point one million dollars to settle.
So again, as of last week, Walmart is going to
pay again, in this case five point six million dollars
and civil penalties and to cover the costs of the
(03:20):
investigations one hundred and forty thousand dollars. And this settlement
was reached with a DA's office from Santa Clara County,
San Diego County, San Bernardino County, Sonoma counties. And I
always wonder why Walmart goes to Why do you go
(03:43):
after Walmart? I mean, you know what kind of money
does Walmart do? One hundred billion dollars a year? Does
that make sense? And then you hit them up with
five million dollars in fines. I mean, if you're going
to find a company, if the government is going to
find a company or settle with a company in this case,
(04:04):
for a company like Walmart, the number should be in
the well hundreds of millions of dollars so they actually
feel the fine. The major was it Apple got hit
where with Google got hit with two billion dollars in
Europe for what they did see That is a hit.
(04:28):
Five million dollars for a company like Walmart means absolutely nothing.
I mean, it's all right to settlement. It's a settlement,
it says something. Maybe it's just a statement, and they
just keep on doing it. So they go, you go
back to twenty twelve, and so you know that's what
fourteen years ago, thirteen years ago and two point one
(04:51):
million and then now five point six million. Okay, whatever,
All right, guys, we are waiting for phone calls. We're
off to slow start today and the number is eight
hundred and five two zero one five three four. By
the way, when we come back after the break, and
we don't and I don't have phone calls, and sometimes
(05:12):
it is a slow start on the show, so you
probably maybe you're going to listen to my favorite music
in the entire world, and that is music to hopefully
generate a phone call or two. All right, and before
we bail, I want to tell you about Zelman's and
a lot of fun stuff is coming up. Zelman's is
(05:36):
sponsoring an evening Saturday night, October eleven at the Anaheim
White House Restaurant and it's basically a test to show us,
to show you whether Zelman's the Mintie mouth works or not.
And you've been hearing me talk about Zelman's for a
long time. And so this is a dinner at the
(05:57):
Anaheim white House, and we're gonna do a bad breadth dinner,
lots of garlic, lots of onions that of course sell
the rest of the wonderful food that the Anaheim White
House serves. And so here's what's happening. We are going
to invite five people plus their guests to join us
for dinner that night. Neil Sevadra and I are going
(06:18):
to host it. Zelman's will be there, of course, and
the restaurant destination restaurant without the destination prices, and what
an evening it's going to be. So here's how to enter.
Any purchase whatsoever of Zelman's during the month of August
will automatically enroll you, enter you into the contest. Now
(06:39):
you can go to the website and all kinds of
restrictions and the minimum stuff and what you're able to
do anyway is on Zelman's website. So go to Zelmans
dot com if you would like to be entered Zelman's
Z E L M I N S zelmans dot com
and the promo code is KFI. That's Zelmans dot Com
(07:00):
promo code KFI. This is handle on the law. This
is KFI a M six forty bill handle here it
is a Saturday morning, eight hundred and five two zero
one five three four, And we actually did have phone calls.
It was just my computer screwing up a little bit.
Welcome back. Handle on the law. Marginal legal advice. Hi
(07:24):
fill us, you're up. What can I do for you?
Speaker 2 (07:28):
Good morning. I'd like to have clarification on some of
the talked about. I'm the homeowners and one hundred dollars yeah, maximum.
Speaker 1 (07:40):
Fine, Yes, yes, we talked about that. Yeah, it's only
it's California that just passed the law, and it has
to do with condo owners and well actually homeowners associations
nailing individual homeowners. For example, Let's say I paint my
house a color that I shouldn't have painted, or they
(08:02):
say I shouldn't have painted and I haven't gone through
the various procedures they used to be able to hit
me with a fine, and if I didn't straighten it
out or pay the fine immediately, they could hit me
again and again with penalties and just keep on going
where it could reach thousands of dollars. California just passed
(08:23):
a law saying hundred bucks. That's it. That's it maximum fine,
one hundred dollars total. So now they've taken the power
away from the homeowners Association. The hoa's given it to
the homeowners where it doesn't matter what the homeowner does.
Paint a house purple, add a second story where as
(08:45):
long as meets city code, and the homeown Association can
only charge one hundred bucks. So all the power now
goes to go goat.
Speaker 2 (08:57):
In other words, I paint my house purple. My name
is complain. Can I keep getting fined one hundred dollars
every month or one fine.
Speaker 1 (09:08):
One fine hundred bucks. That's that's why I give the
homeowners complete total power. Now, Big Al, Hello, big Al?
Speaker 3 (09:21):
Hello?
Speaker 1 (09:22):
Yeah? How big are you out? Yeah? How big are you?
Speaker 4 (09:25):
Al?
Speaker 2 (09:27):
Mum?
Speaker 4 (09:28):
As big as you?
Speaker 1 (09:29):
No? I'm okay. How about this one. I'm about six
foot and I weigh one hundred and ninety pounds, okay,
and I'm not big Bill.
Speaker 5 (09:38):
Okay, all right, Well I'm six foot, I weigh two
hundred and fifty pounds.
Speaker 1 (09:42):
Okay, you're big Al, Okay, big Al? What can I
do for you?
Speaker 2 (09:47):
Hey?
Speaker 5 (09:47):
I call him. A couple of weeks ago, I was
the guy in the car accident that that got hit
by three cars.
Speaker 1 (09:54):
Yes, I remember on the freeway. I remember, Okay, yes, sir.
Speaker 5 (10:00):
I wanted to know what's the difference between a settlement
and a judgment.
Speaker 1 (10:05):
Okay, that's actually a pretty decent question, because a lot
of people don't know. A settlement is exactly what it
sounds like. The case goes away whichever party pays, or
they come to some kind of an agreement where okay,
let's walk away and we won't go forward, and then
it disappears. Settlement disappears. The other one is a trial
(10:31):
and an award. In other words, a judge or a
jury gives an award to one or the other party.
Either If I'm suing you and I'm taking it to court,
Let's say I'm suing you for ten thousand dollars. If
I settle for five thousand or eight thousand dollars or whatever,
I just pay it, it disappears, there's no record, nothing.
(10:52):
If I get a judgment against you, that is a
court order that I now can go ahead and and
collect the money, pursue into a court order, and that's
a record that stays on your record, that I have
a judgment and actually will hit your credit report. Those
are the differences. John, Why am I any people at
(11:15):
two hundred years old today?
Speaker 3 (11:17):
Hello?
Speaker 1 (11:17):
John?
Speaker 5 (11:19):
Yeah? Yeah, Bill, Yeah, I have I have a house
that the is on a one year release and the
tenant accidentally started a fire which destroyed the entire interior
of the house. Do I have any obligation to this, to
this tenant, uh, to refund any money or anything?
Speaker 1 (11:43):
Yeah? Okay, Well how much money do you have of his?
Speaker 5 (11:46):
Just half a month's rent?
Speaker 1 (11:48):
Okay? Yeah, I mean do you have an obligation?
Speaker 3 (11:55):
Yeah?
Speaker 1 (11:55):
As I go, I mean, no, one's gonna argue. I mean,
it's here's what you're gonna say. It's his all right,
He's the one that lit the fire, and therefore the
lease is over at that point, I mean, it is done,
it is finished. And therefore theoretically, yes, you're holding on
to his to his deposit, and yeah, you have to
(12:17):
return it, except he lit the fire, and what is
that going to cost you? And he's negligent. So no,
as a matter of fact, you're going to go to
your insurance company and they're going to go after him,
or you're going to go after him. So five hundred
dollars I would probably hold on to at that point.
All right, a quick word about your business. AI Artificial
(12:40):
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competitive edge. And here's where net Suite comes in helps
control costs and actually increase efficiency. Net Suite, the number
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(13:01):
inventory HR into one efficient suite. Now, you probably have
an accounting software and another software. You don't need any
of that. It all happens in one business suite. And
so let me suggest going to NetSuite dot com slash handle.
You get the free CFOs guide to AI and machine
(13:22):
learning and see if NetSuite can work for you and
help you. And I'll bet you can because forty three
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it's net suite suite as an office suites, hotel suites,
NetSuite dot com slash handle. That's H A, N D,
E L. NetSuite dot com slash handle. This is handle
(13:45):
on the law.
Speaker 6 (13:47):
You're listening to bill handle on demand from KFI AM six.
Speaker 1 (13:51):
Forty and welcome everybody. Welcome back Handle here on the
Legal Show Saturday morning, eight hundred five two zero one
five three four eight hundred five two zero one five
three four and we do have phone calls. My icon
screwed up. Okay, back we go. More Handle on the Law,
(14:15):
Marginal legal Advice. Hello Jerry, welcome to Handle on the Law.
Speaker 5 (14:20):
Look, yes, thank you.
Speaker 3 (14:23):
Is there a statute of limitations on how far back
a bank.
Speaker 1 (14:29):
Is obligated to reimburse for fraud? For fraud is four
years now? On the other hand, On the other hand,
proving fraud against the bank, boy, that's not easy to do.
You know, when you see a bank you've really bought it.
They don't just roll over. I mean they fight. You
go to small claims court. I mean, which is how
(14:51):
much were you to frauded? What's the amount of money
you're defrauded about?
Speaker 5 (14:56):
Or from twelve five.
Speaker 1 (14:58):
Hundred Okay, well that's exactly small claims court. But they're
going to kick it up and you're probably going to
be in municipal superior municipal court. It's probably the first
thing they're going to do, especially for twelve five hundred
dollars and you bought yourself a court case, So I
would I mean I would try, Yeah, I would try
(15:20):
small claims on that one. I mean, what else are
you going to do? Also, you can complain to the
FDIIC and the state authorities that control You're better off
just going up the food chain for sure, and seeing
if you can go that way. Cheryl, Hi, Cheryl.
Speaker 3 (15:39):
In nineteen twenty twenty two, my husband got a small
business loan for one hundred and fifty thousand dollars and
it's the disaster COVID nineteen economic injury loan, and in
twenty twenty four the business really never recuperated. He's you know,
(16:00):
he's like a one man show. He buys himselves heavy
duty trucks, and he's got a lot of physical issues now.
So he started paying interest only for about a year,
and now he's been diagnosed with prostate cancer. So there's
no way that he can work anymore. And we still
(16:20):
owe one hundred and fifty thousand plus now interest. So
he's seventy eight years old and we're wondering if there
is any way that we can get this loan forgiven.
Speaker 1 (16:32):
Well, how it okay? How about that? Have you thought
a bankruptcy. One hundred and fifty thousand dollars a lot
of money. So bankruptcy certainly is the answer. Now, since
it was a government loan, probably an SBA loan or
maybe through some other agency for an emergency loan, you
have to look at the terms a loan because quite
(16:53):
often government loans they don't care if you go bankrupt
on him. You still owe the money. So you have
to look at what the document is. And obviously I
don't have the document in front of me, and I
don't do that area as well, so I wouldn't know that.
Matter of fact, I don't know much about anything, but so,
and there may be a forgiveness process if you've gone
(17:13):
out of business. But my guess is prostate, I mean prostate.
My guess is him one way of doing him dying,
which is always a good thing to do legally. Now,
you may not be so happy about him kicking off
because you know he's been around for a while. How
long you been married?
Speaker 3 (17:34):
Fifty seven years?
Speaker 1 (17:35):
Oh that's long enough, yeah, Cheryl, that's way too long,
Yeah for sure. So see if the government has a
programm like that, and whether you can go bankrupt or not. Absolutely,
let me say, phone calls aren't bad, you know what,
the questions are not bad. I've had far, far worse.
Speaker 4 (17:57):
Frank.
Speaker 1 (17:58):
Let's see if you can ruin it for me. Oh, Frank,
what can I do for you?
Speaker 6 (18:02):
I have a question for you regarding the statue of limitation.
I built the patio detached from my home twenty years ago,
and the pulse are made of concrete and the roof
is made out of like three by three of wood. Well,
after twenty years, the termites got to the roof and
(18:24):
I'm going to replace it with an aluma of wood
that fake wood to last another twenty years. And the
question is is there a statue of limitation in that
I did not submit plans to the home.
Speaker 1 (18:39):
Not on that one. No, No, there's no statue. But
they can still say you're out of r code, you're
out of the provisions of the HOA. And it really
doesn't matter when you put it up, it's when they
discovered it. And then you have the city also if
you're not permitted, what do you do with those things
(19:00):
that I've had those and I've actually had that problem
when I'd bypassed the city. And this was a couple
of hourses ago, because I'm basically a shmuck and I
didn't want to deal with it. And I probably wouldn't
have passed because it would the encroachment. It was too
close to the property line, and that is you can
bring it up to code ask for a waiver since
(19:21):
there have been there twenty years. But it's I would stay.
I would stay away from the HOA. They don't know
about it, so do.
Speaker 6 (19:36):
I'm repairing it. I'm not building it and I'm repairing it.
Speaker 1 (19:39):
Yeah, but it's still out of code. So here's what
I would do is not let them know about it,
like they don't know about it at all. Have someone
come in, let them do the repair or replace the
roof in the middle of the night, very quietly, and
it just disappears. That's my I thought dealing with the HOA.
(20:02):
I always have horrible problems with the HOA. Although, as
I said earlier, there is in California all you get
hit with is one hundred dollars fine. It used to
be the HOA could say, for example, tear it down,
or for example, we're gonna find you until you tear
it down, and you don't, and you keep on going
(20:25):
and going, back and forth, and all of a sudden
you're looking at thousands of dollars of fines, which in
some instances they can cut fore clothes on the property.
Not often, and there's some obviously some restrictions to that one.
Now it's just one hundred dollars fine one time. That's it.
Homeowners have all the ammunition. Here. This is handle on
(20:49):
the law, and good morning, everybody. Handle here on a
Saturday morning. Eight hundred and five two zero one five
three four. Back we go. More on the line, marginal
legal advice. Hello, Jeff, you're right, yes, yes, yes, hey,
(21:11):
oh you got to get off that no no, no, no, no, no,
you got to get off that speaker phone if you're
on one. Uh. Okay, all right, part question, Yes, being.
Speaker 5 (21:25):
A license contractor, what uh what.
Speaker 1 (21:33):
Can they be doing work as handyman and what should
it be?
Speaker 5 (21:37):
The repercussions and also being a handy and what are
the limitations as far as license costs, limits and turns.
Speaker 2 (21:44):
Et cetera.
Speaker 1 (21:45):
Okay, the first question, A general contractor can do anything,
all right. You don't have to be a handyman. Handy
work you can do. You do three dollars worth of
work under his general license. So the other side of
that is a handyman has to be licensed for anything
(22:05):
other than five hundred dollars in terms of work in
the on the house, the property. Now a bunch of
rules there. California five hundred bucks, all right, other states
of one thousand dollars. And some states have the handyman's licenses,
others don't. And so anything over five hundred dollars, I
(22:25):
have a license. By the way, nobody pays attention to that.
I mean nobody. I have never heard of anybody being
nailed unless you have a handyman that builds a house.
But short of that, no, it just doesn't happen. Mark. Hello, Mark, welcome.
Speaker 5 (22:46):
Yeah.
Speaker 4 (22:46):
I have a friend who, yes, hello.
Speaker 1 (22:49):
Yeah, I'm here. Yeah, I'm here.
Speaker 4 (22:52):
Yeah, a friend who was bitten by a dog at
a local park.
Speaker 1 (22:56):
Uh huh.
Speaker 4 (22:57):
And it was a pretty bad bite. It took out
of the back of her left knee, okay, and the
person apparently was in control of the dog just left
like she was like, oh that doesn't look bad, I
gotta go when took off. So she got a license
plate of the vehicle that the person was driving. She
(23:19):
made a police report, but the police don't seem like
they're really interested in doing anything.
Speaker 1 (23:24):
They don't. They don't. I mean, the cops never unless
it's a real serious case. And if she had said
that the owner of the dog brandished the gun and
put it in her face and said, I'm gonna blow
your brains out, the cops don't show up. By the way,
that's a very very interesting area of the law. There's
hit and run and then there's bite and run, and
that's what happened here. It's a bite and run. So yeah,
(23:48):
so she has to find him now, and at least
she's gonna know, but at least she starts with that.
But she has to find them. That's it.
Speaker 4 (23:56):
So she should she should she get a like a
private detective or I would think so, yeah.
Speaker 1 (24:01):
Because the case, Yeah, because the case is pretty good.
The case is pretty good. I mean a chunk out
of yeah, well yeah, well the twelve stitches are it
doesn't matter. Well, it's still injury. But taking a chunk
out of her leg, I mean that it was an okay, well,
you know, then there is the chunk chunkless leg, which
(24:23):
is you know, or the chunked leg. That's that's a
big issue. Legally, so she has to track them down.
You know what I do? First, go to a personal
injury lawyer and say what could I do? Because if
the case is big enough and there's enough information, they'll
go after the dog bite person. They will absolutely, So
go to handle on the law dot com. Yeah, go
(24:44):
to the website and yeah, yeah, go to the website
and talk to one of those lawyers. I'll tell you now,
if you live in pain, which I'm sure this woman does,
but chronic pain, where the pain is there twenty four
to seven or you know someone who does it is
it's hard not to be alone. It's hard not to
(25:06):
feel that you hurt and there's no answer medically. It's tough.
So let me tell you about the Pain Game podcast.
There is a community here. The Pain Game podcast has guests,
for example, that live with, deal with, have treated those
people living in pain, and have lost people due to pain,
(25:28):
and that is a heartbreaker. But that's what chronic pain
can do to you. The host, Lindsay Soprano, deals with
this twenty four to seven a day, and so she
knows and she cares and that's how she helps herself
and others. Every episode of the Pain Game podcast ends
with a message of hope and what the show is
about is giving pain purpose. Yep, you know pain can
(25:52):
have purpose and that is what the Pain Game podcast
is about. So you can follow on social at the
Pain Game Podcast. Season three is now in full force
The Pain Game Podcast. This is Handle on the Law.
You're listening to Bill Handle on demand from KFI AM
(26:14):
six forty
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