Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
This is handle on the law marginallegal advice, where I bill Handle tell
you in certain name here that youhave absolutely no case, you know,
And unfortunately the last few weeks peoplehave had cases. Wow. You know,
that's kind of depressing to be honestwith you. All right, let's
(00:23):
go through. I always start withone story, and this is kind of
fun. This is very local tome, and the issue across many cities
in the United States is homelessness.Here in California, in La County where
I live, in La City whereI live, it is in sanity in
(00:43):
terms of the homeless problems. OurGovernor Gavin Newsom ran on the issue of
homelessness. That was his first platformthat he ran on. You've got the
mayor of Los Angeles, Karen Bass, who just was elected and her prime
very campaign promise was homelessness. Andthen you have our Board of Supervisor and
(01:06):
they talk about homelessness all the time. It's just an insane problem. I
go in to the studio every morningand I pass homeless encampments and that's just
what we do. So there,as you can imagine, lawsuit after lawsuit
has been filed, and there isone federal judge who has been sort of
the godfather of the homeless issue.And his name is David o'carter, and
(01:30):
he has been involved in homelessness inOrange County where there was a huge issue,
and in Los Angeles. And thishas to do this story is La
County. He deals with everybody,Orange County, La County, the City
of Los Angeles, the various citiesaround southern California. He's the one that
has jurisdiction and oversees everybody. Sojust cut a deal with La County.
(01:52):
Well a deal wasn't cut based onlawsuits that were filed by Homeless Alliance against
the county. In this case,they the judge just eliminated declined the first
agreement made between between La County andthe Homeless Alliance in terms of removal of
(02:15):
the encampments, putting the putting thehomeless people into shelters, temporary shelters,
medium shelters. How much money wouldspend? Where do you put them?
Do you clear them out? Yesor no? Do you put up porta
potties at the facilities. The otherday I went through a homeless potty,
a homeless encampment and the city hadput up one of those portable toilets,
(02:38):
and as I passed, I noticed, okay, this is the two bedroom,
one bath double tent and right nextto the portable toilet. Pretty impressive
in any case. So initially thecounty came up with an agreement that both
the Homeless Alliance and the county said, here you go. The judge rejected
(02:59):
it. Now not please with it, go back. So they went back
to the table, came in withanother agreement, sort of tweaking it per
what the judge wanted, and thejudge just denied that one. He said,
nope, you have to go backto the table again. So even
(03:20):
with the county and the Homeless Alliancegroup of homeless advocates who sue, and
they're all together and they've agreed twice, the judge are saying, nah,
I don't like it. The judgesretained jurisdiction the Homeless Alliance, and basically
the county said, hey, listen, judge, you don't have jurisdiction over
this. And of course the judgesays, you're a dreaming. I'm a
(03:42):
federal judge, and yes I havejurisdiction because this was sued in federal court.
Okay, I thought that was kindof interesting to say the least.
Start with some phone calls. Hello, David, welcome to handle on the
law. Yes, this is myage. I'm sixty six years old.
(04:04):
I'm a security officer and for thelast fifteen months I'm kind of sweating it
because it's a large security company andI'm being paid cash. I'm getting the
check, but they're taking nothing outand every day I worry and worry and
worry. Can this at my age? It's a win win situation because I
(04:27):
don't care about overtime, I don'tcare about vacation, but it's a win
win when they're not taking taxes out. I'm depending on you to give me
an answer. Yeah, okay,it's all right. Keep in mind it's
both a win win and a loselose at the same time. The win
win, you know about the loselose part of it is both you and
the security company are violating the law. Clearly, you are an employee of
(04:53):
the company because you fit all therules they're giving you, the hours you
work, you're working at their facilities. They control what you do where you
do it, so there is nothingindependent contractor. I don't even know how
they're putting it down on their books, and it could be Egyptians in Egyptians
(05:14):
own company. That's why I'm kindof scared too. And the fact that
it's Egyptian owned doesn't doesn't really matter. But I'll bet you on the checks
there's a little logo of pyramids orwhatever righted camel's writing. Know. Yeah,
so you you know it's Egyptian owned. Well, I gotta tell you
you're violating the law. California lawsays your employee, and both of you
(05:34):
are screwed if you get caught.Now, a lot of people, a
lot of people do this. Yeahyou can, but yeah, let me
give it a realistic yes. Andwhat you're gonna do is get tagged for
taxes. And they're gonna get taggedfor taxes, and they're going to be
in more trouble than you're going tobe. Uh that's simply the way it
(05:55):
works. The company's uh, thefranchise tax boarders collects his money. Look
at those company to companies, Uhmuch more seriously they do people like you
who work for the companies. Uh. So I mean, who's going to
complain? How are they even gonnaknow? Uh? That's the issue.
A lot of people do, alot of people do what you do,
David. I mean it's far far. You made me feel good by saying
(06:18):
that, because I you know,I think Jesus, young kid, I
no, no, I no,and so all I'm telling you, yeah,
you're in violation of the law.You're very very small potatoes. And
by the way, potatoes are whatthey primarily in prison. You know that,
don't you? So yeah, SoI hope you enjoy your French fries.
(06:44):
Hello, Derek, welcome to theshow. Good morning. So go
work for a security company. Theyuse a third party armed guard instructor who
gives substandard training. How do youknow it's substandard? Hang on a minute,
(07:05):
I'm gonna stop you there. Yousay substandard training. I don't know
what that means. How do youknow that it's substandard? Okay? According
to DPS regulations here, training hasto be at least for the refresher course,
it has to be eight hours.For the renewal course, it's at
(07:27):
least sixteen. He maybe does fourhours and then says, all right,
next time you go to the range, send me a picture of your target.
Okay, got it. So we'reyou're talking about they don't live up
to the hours required. Okay,that's fair. I was going to go
into how do you know it's substandardor you an expert. They're gonna have
(07:49):
experts if you're seeing them under certaincircumstances, and you got it. Okay,
real simple. It doesn't cover theproper subject matter either. Okay,
fair enough, all right, I'llbuy that. All right, So that
resonates. Okay, so he doesn'tdo what he's supposed to do. So
what is your question if one ofthe guards? Okay, so the company
(08:09):
has to sign off on this training, accepting the training before they submit paperwork
to the state for a license.If one of the guards that has gone
through this training gets into a situationwhere he shoots somebody and he's in the
wrong, can the company be heldliable? Yeah, it gets kind of
interesting A quick A short answer isyes. Now they're going to say we
(08:33):
didn't know. We hired a properlycertified trainer who said that the proper training
has been given. So the companycan certainly defend itself saying, you know,
how do we do We have tohave someone they're timing it, so
that's a defense. But if they'reput on notice, Derek, if they
(08:56):
know that the training is substandard,and they allow it to continue and it's
in violation of the law or evenprocedures. Yep, I would argue they
are liable. You bet you so? Are you going to and you're a
guard? There right? I was, Oh, okay, So you want
(09:18):
to be a whistleblower and you maywant to let them know, you know,
just say, hey, I'm goingto let you know this ABC is
going on. And it depends onhow you liked the company, how much
you like the company, If youwant to screw the company over, you
know, you inform and if youactually care about people. I don't.
But if you care about people andare concerned about one of their guards reacting
(09:41):
wrongly contrary to appropriate training, andsomeone is hurt because of that, someone
gets hurt, someone dies, itcould have been averted. I mean that
person or that person's family, assumingthat someone is dead, can sue can
sue the company? You bet?You bet? Thank you? So?
All right? So there you going. I wouldn't tell them because I don't
(10:03):
care enough about people, but stillsome folks do. Linda or Lydia,
Hi, Lydia, welcome. Whatcan I do for you? Hi?
Bill? I bought a vehicle threeweeks ago. I bought paid for a
cash twenty three thousand dollars, asmall three cylinder vehicle, and I bought
it for the reason that I havea special feature where if you go over
(10:26):
the dotted line, it's supposed tomake a noise letting you know that you're
going over the line. Well,you could barely hear the noise if you're
having a conversation with someone or ifyou have to radio on. Okay,
you can't hear it. I'd paylike maybe two thousand dollars extra for that
feature. I call the company andthey're saying, that's the way it's supposed
to be. Oh, that's atrue. Well, and you cannot hear
(10:52):
it. Okay, you have acouple of good you have a couple of
choices. Okay, you have acouple of choices. Here. You can
demand your money back for that featureand say it's useless to me because I
can't hear it, and they go, oh, it's plenty good. You
go, no, it's not.And then you have the issue of them
saying it's good enough, you sayingit's not. And I don't know how
a judge is going to determine that. I once got involved in a dispute
(11:13):
with someone asked to noise levels,and that is an insane position, just
proving it one way or the other. It's too loud, it's not loud
enough. But you say to them, hey, I can't hear it,
and if that's the way it is, I want my money back for that
feature which you paid for. Correct, yes, okay, all right,
(11:33):
And if you want to go tothe extreme, you say, hey,
it's a safety feature. I boughtthe car far the safety feature. I
want my money back, which,of course they're going to fight like crazy.
So the worst you can do isyou take them a small claims court
and try that out. Interesting case. Which way do you go on that
it's not loud enough? It's plentyloud? All right, fair enough,
(11:54):
all right. If you want asmall business, let's go in that direction.
And the business got through COVID,and you were able to retain five
or more employees that also got throughCOVID, then you may very well be
eligible for a tax refund of upto twenty six thousand dollars per employee.
So let me suggest get refunds dotcom. You answer a few questions online
(12:18):
takes under ten minutes, and you'llsee if your business qualifies for this tax
refund. In this tax refund program, twenty six thousand dollars per employee,
no charge upfront. They're not goingto get paid until unless you get paid.
And businesses of all types can qualify, including those that took PPP loans
and nonprofits. Even if you've hadincreases in sales during COVID, you can
(12:43):
still get to this refund. Kindof surprising. They are experts in this
payroll tax refund program. They havereturned over three billion dollars to businesses,
including Line, although I didn't getthree billion dollars. So to find out
if your business qualifies, go toget Refunds dot Com. Click on the
Qualify find me button, you answera few questions. That's Get Refunds dot
Com. Donna Joe, Oh,I love that name, Donna Joe.
(13:09):
Well, good morning, Belle.Yes and I are avid listeners at your
show. Oh, thank you.We really enjoy it, of course you
do, okay, Yes, Sowe have a slope between properties behind our
house, a common area. It'sabout forty plus seek and it's it goes
up to the next block. Ofhomes. We've lived there twenty five years
(13:30):
where their original owners. When wemoved in, they planted groundcover and put
in pine seedlings. These seedlings turnedinto seventy five foot pine trees. And
after our rain and sant Anna winsin November, in the middle of the
night, one fell right onto us, onto our property. It graced our
house, but it really the damageit did was take out the common fence
(13:52):
that the association also maintains. Theassociation told us they're not going to cover
it. It's an act of God. They got their lawyer involved. That
lawyer said, yeah, we agree, it's an act of God. I
asked for clarification or a policy whereit says that, and they have no
contact with us at all anymore.So I don't know if we do have
(14:13):
a case here or yeah. Ithink, well, if it's common area,
I mean, act of god,what rain? Yeah, yeah,
I mean, come on, actof God. I mean, I don't
even know what that means. Someoneruns into a common area with a car,
Well, that's an act of Godbecause God didn't want you to drive
carefully, you know, I mean, you know, if you're talking about
(14:35):
a tornado in Tornado alley. Ifyou happen to live in Kansas that area,
you can argue Act of God.But insurance should cover all of that,
the policy should, so I wouldn'tbuy that. They're just trying to
get out of it, which Idon't understand because there's insurance there. I
mean that is you know why,you know the association buys insurance. So
(14:58):
yeah, there's an issue you there. And if so, if you have
to, you sue the HOA.How much is it going to cause to
fix your place? I don't thinkit would be more than maybe five grand?
Okay, Then you sue them insmall claims court, you get a
bid to fix it, and yousue the HOA in small claims court and
(15:18):
they have to answer. They've gotno choice. And the only issue is
going to be if they turn itover the attorney, then the attorney will
kick it up to Superior court andthen we'll start asking you questions. But
I think in your case it doesn'tmatter. I don't know if you need
an attorney. It's uh, youknow your honor here. They won't do
it. Do it in writing,though, Please send emails to whoever the
(15:41):
board members, the chairman, orthe president of the board because they're gonna
say we never got the phone call. Okay, so do everything in writing
that you can absolutely prove. Pat. Hello, Pat, welcome to handle
on the law bill. Just sixtimes I've been on six times, I've
(16:03):
been on your show. My questionis can I sue the VA because of
lack of minutes? Uh? Mymedication? All right, tell me about
what is about the medication you wantto sue over. I'm certain the Vietnam
they started giving me this medication,hydrochrogon back in the seventies, and they
(16:26):
stopped giving the two of you becausethe Surgeon General's request. And you're trying
to win all the veterans off ofthis opioid. Yea, some of the
veterans, they don't they don't takeit, right. I can't understand.
No, Yeah, and you gotit. You got it. That's a
very good question, by the way. So it's fair to say you became
(16:47):
addicted to opioids because it's kind ofhard not to take it for thirty years
and not become uh, and notbecome addicted. But here is the bottom
line. And then I'm going toanswer your question. After I spent a
minute or two talking about Uh,the view from the view from the medical
world about opioids. Opioids have changedcompletely one hundred I mean, they've turned
(17:10):
one hundred and eighty degrees. Andthe reason is because of the overdose problem.
Because opioids are far more dangerous thanwere it was previously assumed or thought
of. You've got what seventy thousandpeople a year dying of opioids or one
hundred thousand people in which thirty percentof those are dying of exactly what you're
(17:32):
taking. Uh, you know theother part of getting nil and it's just
too dangerous. Uh. And sohere's what met here's what doctors now do.
They'll give you opioids for like threedays. I had surgery, I
got three days to go home,and then they go, now take some
of my profit. That's what theydo. And it's I mean, yeah,
(17:53):
I mean three days, two days, that's that's how they handle ite.
Go get some aspiring pray. That'sexactly what I'm telling you, that's
what they're saying. And so theydon't they well this is a weird line,
so they don't prescribe it. Andso and the answer is they are
now following by not prescribing it,what medicine is doing that's considered the latest
(18:18):
in medicine because of the death,because of the addiction. And so the
answer is, and by the way, it's impossible to see the VA anyway.
But in this case, you haveabsolutely no case, I mean zero
case. Michael. Hello, Michael, welcome to handle on the law.
Hi there, Okay, So Istarted dating this girl briefly. She asked
(18:41):
for fifteen hundred dollars. She wantedto buy something. I never saw what
she bought. We ended up notgetting together, and now I'm taking her
to small claims court for the fifteenhundred dollars back. I did. I
do have proof of that because Idid it via Zell directly to her.
Oh, I don't think there's anyshow. Okay. I mean, you're
going to be able to prove yougave her the money, so she can't
(19:03):
deny that you got fifth that sheget You gave her fifteen hundred dollars,
So that part is okay. Let'sput the bed. So no denial of
you getting the money is h isin existence. Okay, Let's go on
number two. You want your money? Number two? Is it? Yeah?
I want my money back, andyou're suing her, and you're suing
her in small claim saying that thiswas a loan. Right, yeah,
(19:27):
that's great, okay, and youhave no proof of that. I have
no proof of it being exactly okay, And so she says it wasn't alone.
We were going out, we werethinking of going out, and Michael
gave me fifteen hundred dollars. ThanksMichael. Okay, stop it stops there.
(19:47):
Okay. Why why should the DoDyou believe that you loaned her the
money? Well? I do haveokay, I do have proof that I
paid her car payment and her doesn'tdoesn't matter, doesn't matter. How is
that? How does that turn intoa loan? Well? Okay, yeah,
I guess you're right now, Iam right. Okay, you're going
to small claims cart you're gonna lose. I'm gonna okay, yeah, and
(20:11):
you're going to Well, then you'renot gonna pay anything because it would be
the other way. If you won, you get attorney's fee, well,
you would get your filing fees andprocessing fees and service. But I mean,
you've got zero chance to win.And by the way, how many
times did uh okay, fifteen hundreddollars. Let me ask you how many
times did you actually, you know, you know, get late man,
(20:34):
how many sexual encounters? M two? I mean we weren't to get it
so too. So that's seven hundredand fifty yeah, yeah, yeah,
that you know what. That's expensive. I have to tell you. You
can do a lot better going onSanta Monica Boulevard. You know that I'm
being a lot better for that,Jen, good morning, welcome bill.
(20:56):
Um. I got a bill froma doctor that I don't even remember seeing.
And the bill was fourteen months aftermy appointment, and it was you
know, if it wasn't fu high, I probably would have just paid it.
But it was two hundred and thirtyfour dollars. And my I'm old,
(21:19):
so I'm on MEDICL. How oldare you? How how old are
you? Hey? I'm pushing eighties? Hey, no, wonder you forgot?
You went to the doctor? Okay, exactly. Yeah. A look
at my calendar and I thought,well, who is this doctor and why
did I go see her? Didyou did you go? I did?
(21:41):
It was all okay, calendar,okay, all right, fair enough,
But I don't Yes, you don'tremember, I don't remember. It doesn't
matter. Yeah, Jen, thatdoesn't matter. All all we have is
her bill. Okay, but that'sall we have. That doesn't mean that
there isn't an issue here. Butso you can ki that one goodbye.
That issue is gone. You wentto the doctor. You're looking at a
(22:03):
bill. Will presume that she didwhat she said she did, and did
she did? She in fact applyfor Medicare on your behalf. Yes,
they paid forty dollars, so mybalance was two hundred and thirty four dollars.
So how do you owe fourteen hundreddollars? No? Two hundred?
Oh you okay, all right,you owe you owe two hundred and thirty
(22:26):
dollars fourteen months ago? Sorry aboutthat, okay. And you want to
know what, well I don't evenI called and I said, what is
her specialty? Because I've gone tobask A resurgence and um, you know
other doctors and their bills are likeone hundred and thirty dollars. Well I
don't know if that matters, butokay, so um, and they said
(22:49):
she didn't have a specialty. Socan I ask for m kind of a
record of Oh yeah, yeah,of course, oh absolutely, Oh yeah,
Jen, you can ask for everythingthat the doctor did. It's your
file. It's a medical file thatis yours. And then you go,
what exactly did she do? AndMedicare paid forty dollars? And what is
(23:11):
her cost? And did she letyou know that there would be a balance?
You got to bill fourteen minute,you know, fourteen months later and
uh, you know, you justsay, now, what is she going
to dang your credit? What doyou care? You know, you're one
hundred and fifty years old, sothat doesn't matter ectly, And it's is
she going to sue you in smallclench court? And you're going to say,
(23:34):
Medicare paid forty dollars, she wantstwo hundred? What did what did
she do for you? Jen?Do you know? Okay? Well,
then you say that, you sayand you put in writing, Jen,
you say that, you go,I want my medical rector and I want
to know exactly what you did.And you start that argument and then you
(23:56):
start negotiating. They may go downor you say, hey, you can
pay me in small claims court.I don't care. Are you assuming a
small claims court? And I'll defendit. It's worth your time. I'll
sit there and I'm eighty years old, and uh, you know you're gonna
look like an idiot because frankly,and this is I think going to happen,
the judge is gonna look like aneighty year old woman when you go
in there. I mean you soundpretty good, jan I mean you sound
(24:18):
sharpen. So maybe go in witha cane, maybe bent over so you
look like you have scoliosis, looklike a homeless person. I mean,
there's a lot of stuff you cando to get the judge to the sort
of feel sorry for you. Butthe bottom line is, yes, the
medical records are yours. You canask for specificity, when did you do
(24:41):
it, what time did you doit, exactly what you did. I
mean, you want all of it. And then you can tell them to
go pound sand as far as owingthe money, and you know they may
negotiate with you. They may giveyou, okay, pay one hundred dollars
or offer I'll tell you what,Yeah, I gotta tell you. You
want two hundred and thirty, let'ssplit it and I'll pay you. And
(25:03):
who's gonna say no to that unlessyou got a real idiot doctor, because
this is fourteen months and it's it'sfound money for them. All right,
Jen, enjoy sharp lady for eightyman. I hope, I hope that
I'm that sharp. Okay, Oh, we actually have some phone calls.
(25:25):
Let me give you a quick phonenumber here and I went. The board
filled up. When we come backand we still have four lines open.
Are three lines open, so we'redoing okay. And the number is eight
hundred five two zero one five threefour. Eight hundred five two zero one
five three four. This is handleon the Law.
This is handle on the law marginallegal advice, where I bill Handle tell
you in certain name here that youhave absolutely no case, you know,
And unfortunately the last few weeks peoplehave had cases. Wow. You know,
that's kind of depressing to be honestwith you. All right, let's
(00:23):
go through. I always start withone story, and this is kind of
fun. This is very local tome, and the issue across many cities
in the United States is homelessness.Here in California, in La County where
I live, in La City whereI live, it is in sanity in
(00:43):
terms of the homeless problems. OurGovernor Gavin Newsom ran on the issue of
homelessness. That was his first platformthat he ran on. You've got the
mayor of Los Angeles, Karen Bass, who just was elected and her prime
very campaign promise was homelessness. Andthen you have our Board of Supervisor and
(01:06):
they talk about homelessness all the time. It's just an insane problem. I
go in to the studio every morningand I pass homeless encampments and that's just
what we do. So there,as you can imagine, lawsuit after lawsuit
has been filed, and there isone federal judge who has been sort of
the godfather of the homeless issue.And his name is David o'carter, and
(01:30):
he has been involved in homelessness inOrange County where there was a huge issue,
and in Los Angeles. And thishas to do this story is La
County. He deals with everybody,Orange County, La County, the City
of Los Angeles, the various citiesaround southern California. He's the one that
has jurisdiction and oversees everybody. Sojust cut a deal with La County.
(01:52):
Well a deal wasn't cut based onlawsuits that were filed by Homeless Alliance against
the county. In this case,they the judge just eliminated declined the first
agreement made between between La County andthe Homeless Alliance in terms of removal of
(02:15):
the encampments, putting the putting thehomeless people into shelters, temporary shelters,
medium shelters. How much money wouldspend? Where do you put them?
Do you clear them out? Yesor no? Do you put up porta
potties at the facilities. The otherday I went through a homeless potty,
a homeless encampment and the city hadput up one of those portable toilets,
(02:38):
and as I passed, I noticed, okay, this is the two bedroom,
one bath double tent and right nextto the portable toilet. Pretty impressive
in any case. So initially thecounty came up with an agreement that both
the Homeless Alliance and the county said, here you go. The judge rejected
(02:59):
it. Now not please with it, go back. So they went back
to the table, came in withanother agreement, sort of tweaking it per
what the judge wanted, and thejudge just denied that one. He said,
nope, you have to go backto the table again. So even
(03:20):
with the county and the Homeless Alliancegroup of homeless advocates who sue, and
they're all together and they've agreed twice, the judge are saying, nah,
I don't like it. The judgesretained jurisdiction the Homeless Alliance, and basically
the county said, hey, listen, judge, you don't have jurisdiction over
this. And of course the judgesays, you're a dreaming. I'm a
(03:42):
federal judge, and yes I havejurisdiction because this was sued in federal court.
Okay, I thought that was kindof interesting to say the least.
Start with some phone calls. Hello, David, welcome to handle on the
law. Yes, this is myage. I'm sixty six years old.
(04:04):
I'm a security officer and for thelast fifteen months I'm kind of sweating it
because it's a large security company andI'm being paid cash. I'm getting the
check, but they're taking nothing outand every day I worry and worry and
worry. Can this at my age? It's a win win situation because I
(04:27):
don't care about overtime, I don'tcare about vacation, but it's a win
win when they're not taking taxes out. I'm depending on you to give me
an answer. Yeah, okay,it's all right. Keep in mind it's
both a win win and a loselose at the same time. The win
win, you know about the loselose part of it is both you and
the security company are violating the law. Clearly, you are an employee of
(04:53):
the company because you fit all therules they're giving you, the hours you
work, you're working at their facilities. They control what you do where you
do it, so there is nothingindependent contractor. I don't even know how
they're putting it down on their books, and it could be Egyptians in Egyptians
(05:14):
own company. That's why I'm kindof scared too. And the fact that
it's Egyptian owned doesn't doesn't really matter. But I'll bet you on the checks
there's a little logo of pyramids orwhatever righted camel's writing. Know. Yeah,
so you you know it's Egyptian owned. Well, I gotta tell you
you're violating the law. California lawsays your employee, and both of you
(05:34):
are screwed if you get caught.Now, a lot of people, a
lot of people do this. Yeahyou can, but yeah, let me
give it a realistic yes. Andwhat you're gonna do is get tagged for
taxes. And they're gonna get taggedfor taxes, and they're going to be
in more trouble than you're going tobe. Uh that's simply the way it
(05:55):
works. The company's uh, thefranchise tax boarders collects his money. Look
at those company to companies, Uhmuch more seriously they do people like you
who work for the companies. Uh. So I mean, who's going to
complain? How are they even gonnaknow? Uh? That's the issue.
A lot of people do, alot of people do what you do,
David. I mean it's far far. You made me feel good by saying
(06:18):
that, because I you know,I think Jesus, young kid, I
no, no, I no,and so all I'm telling you, yeah,
you're in violation of the law.You're very very small potatoes. And
by the way, potatoes are whatthey primarily in prison. You know that,
don't you? So yeah, SoI hope you enjoy your French fries.
(06:44):
Hello, Derek, welcome to theshow. Good morning. So go
work for a security company. Theyuse a third party armed guard instructor who
gives substandard training. How do youknow it's substandard? Hang on a minute,
(07:05):
I'm gonna stop you there. Yousay substandard training. I don't know
what that means. How do youknow that it's substandard? Okay? According
to DPS regulations here, training hasto be at least for the refresher course,
it has to be eight hours.For the renewal course, it's at
(07:27):
least sixteen. He maybe does fourhours and then says, all right,
next time you go to the range, send me a picture of your target.
Okay, got it. So we'reyou're talking about they don't live up
to the hours required. Okay,that's fair. I was going to go
into how do you know it's substandardor you an expert. They're gonna have
(07:49):
experts if you're seeing them under certaincircumstances, and you got it. Okay,
real simple. It doesn't cover theproper subject matter either. Okay,
fair enough, all right, I'llbuy that. All right, So that
resonates. Okay, so he doesn'tdo what he's supposed to do. So
what is your question if one ofthe guards? Okay, so the company
(08:09):
has to sign off on this training, accepting the training before they submit paperwork
to the state for a license.If one of the guards that has gone
through this training gets into a situationwhere he shoots somebody and he's in the
wrong, can the company be heldliable? Yeah, it gets kind of
interesting A quick A short answer isyes. Now they're going to say we
(08:33):
didn't know. We hired a properlycertified trainer who said that the proper training
has been given. So the companycan certainly defend itself saying, you know,
how do we do We have tohave someone they're timing it, so
that's a defense. But if they'reput on notice, Derek, if they
(08:56):
know that the training is substandard,and they allow it to continue and it's
in violation of the law or evenprocedures. Yep, I would argue they
are liable. You bet you so? Are you going to and you're a
guard? There right? I was, Oh, okay, So you want
(09:18):
to be a whistleblower and you maywant to let them know, you know,
just say, hey, I'm goingto let you know this ABC is
going on. And it depends onhow you liked the company, how much
you like the company, If youwant to screw the company over, you
know, you inform and if youactually care about people. I don't.
But if you care about people andare concerned about one of their guards reacting
(09:41):
wrongly contrary to appropriate training, andsomeone is hurt because of that, someone
gets hurt, someone dies, itcould have been averted. I mean that
person or that person's family, assumingthat someone is dead, can sue can
sue the company? You bet?You bet? Thank you? So?
All right? So there you going. I wouldn't tell them because I don't
(10:03):
care enough about people, but stillsome folks do. Linda or Lydia,
Hi, Lydia, welcome. Whatcan I do for you? Hi?
Bill? I bought a vehicle threeweeks ago. I bought paid for a
cash twenty three thousand dollars, asmall three cylinder vehicle, and I bought
it for the reason that I havea special feature where if you go over
(10:26):
the dotted line, it's supposed tomake a noise letting you know that you're
going over the line. Well,you could barely hear the noise if you're
having a conversation with someone or ifyou have to radio on. Okay,
you can't hear it. I'd paylike maybe two thousand dollars extra for that
feature. I call the company andthey're saying, that's the way it's supposed
to be. Oh, that's atrue. Well, and you cannot hear
(10:52):
it. Okay, you have acouple of good you have a couple of
choices. Okay, you have acouple of choices. Here. You can
demand your money back for that featureand say it's useless to me because I
can't hear it, and they go, oh, it's plenty good. You
go, no, it's not.And then you have the issue of them
saying it's good enough, you sayingit's not. And I don't know how
a judge is going to determine that. I once got involved in a dispute
(11:13):
with someone asked to noise levels,and that is an insane position, just
proving it one way or the other. It's too loud, it's not loud
enough. But you say to them, hey, I can't hear it,
and if that's the way it is, I want my money back for that
feature which you paid for. Correct, yes, okay, all right,
(11:33):
And if you want to go tothe extreme, you say, hey,
it's a safety feature. I boughtthe car far the safety feature. I
want my money back, which,of course they're going to fight like crazy.
So the worst you can do isyou take them a small claims court
and try that out. Interesting case. Which way do you go on that
it's not loud enough? It's plentyloud? All right, fair enough,
(11:54):
all right. If you want asmall business, let's go in that direction.
And the business got through COVID,and you were able to retain five
or more employees that also got throughCOVID, then you may very well be
eligible for a tax refund of upto twenty six thousand dollars per employee.
So let me suggest get refunds dotcom. You answer a few questions online
(12:18):
takes under ten minutes, and you'llsee if your business qualifies for this tax
refund. In this tax refund program, twenty six thousand dollars per employee,
no charge upfront. They're not goingto get paid until unless you get paid.
And businesses of all types can qualify, including those that took PPP loans
and nonprofits. Even if you've hadincreases in sales during COVID, you can
(12:43):
still get to this refund. Kindof surprising. They are experts in this
payroll tax refund program. They havereturned over three billion dollars to businesses,
including Line, although I didn't getthree billion dollars. So to find out
if your business qualifies, go toget Refunds dot Com. Click on the
Qualify find me button, you answera few questions. That's Get Refunds dot
Com. Donna Joe, Oh,I love that name, Donna Joe.
(13:09):
Well, good morning, Belle.Yes and I are avid listeners at your
show. Oh, thank you.We really enjoy it, of course you
do, okay, Yes, Sowe have a slope between properties behind our
house, a common area. It'sabout forty plus seek and it's it goes
up to the next block. Ofhomes. We've lived there twenty five years
(13:30):
where their original owners. When wemoved in, they planted groundcover and put
in pine seedlings. These seedlings turnedinto seventy five foot pine trees. And
after our rain and sant Anna winsin November, in the middle of the
night, one fell right onto us, onto our property. It graced our
house, but it really the damageit did was take out the common fence
(13:52):
that the association also maintains. Theassociation told us they're not going to cover
it. It's an act of God. They got their lawyer involved. That
lawyer said, yeah, we agree, it's an act of God. I
asked for clarification or a policy whereit says that, and they have no
contact with us at all anymore.So I don't know if we do have
(14:13):
a case here or yeah. Ithink, well, if it's common area,
I mean, act of god,what rain? Yeah, yeah,
I mean, come on, actof God. I mean, I don't
even know what that means. Someoneruns into a common area with a car,
Well, that's an act of Godbecause God didn't want you to drive
carefully, you know, I mean, you know, if you're talking about
(14:35):
a tornado in Tornado alley. Ifyou happen to live in Kansas that area,
you can argue Act of God.But insurance should cover all of that,
the policy should, so I wouldn'tbuy that. They're just trying to
get out of it, which Idon't understand because there's insurance there. I
mean that is you know why,you know the association buys insurance. So
(14:58):
yeah, there's an issue you there. And if so, if you have
to, you sue the HOA.How much is it going to cause to
fix your place? I don't thinkit would be more than maybe five grand?
Okay, Then you sue them insmall claims court, you get a
bid to fix it, and yousue the HOA in small claims court and
(15:18):
they have to answer. They've gotno choice. And the only issue is
going to be if they turn itover the attorney, then the attorney will
kick it up to Superior court andthen we'll start asking you questions. But
I think in your case it doesn'tmatter. I don't know if you need
an attorney. It's uh, youknow your honor here. They won't do
it. Do it in writing,though, Please send emails to whoever the
(15:41):
board members, the chairman, orthe president of the board because they're gonna
say we never got the phone call. Okay, so do everything in writing
that you can absolutely prove. Pat. Hello, Pat, welcome to handle
on the law bill. Just sixtimes I've been on six times, I've
(16:03):
been on your show. My questionis can I sue the VA because of
lack of minutes? Uh? Mymedication? All right, tell me about
what is about the medication you wantto sue over. I'm certain the Vietnam
they started giving me this medication,hydrochrogon back in the seventies, and they
(16:26):
stopped giving the two of you becausethe Surgeon General's request. And you're trying
to win all the veterans off ofthis opioid. Yea, some of the
veterans, they don't they don't takeit, right. I can't understand.
No, Yeah, and you gotit. You got it. That's a
very good question, by the way. So it's fair to say you became
(16:47):
addicted to opioids because it's kind ofhard not to take it for thirty years
and not become uh, and notbecome addicted. But here is the bottom
line. And then I'm going toanswer your question. After I spent a
minute or two talking about Uh,the view from the view from the medical
world about opioids. Opioids have changedcompletely one hundred I mean, they've turned
(17:10):
one hundred and eighty degrees. Andthe reason is because of the overdose problem.
Because opioids are far more dangerous thanwere it was previously assumed or thought
of. You've got what seventy thousandpeople a year dying of opioids or one
hundred thousand people in which thirty percentof those are dying of exactly what you're
(17:32):
taking. Uh, you know theother part of getting nil and it's just
too dangerous. Uh. And sohere's what met here's what doctors now do.
They'll give you opioids for like threedays. I had surgery, I
got three days to go home,and then they go, now take some
of my profit. That's what theydo. And it's I mean, yeah,
(17:53):
I mean three days, two days, that's that's how they handle ite.
Go get some aspiring pray. That'sexactly what I'm telling you, that's
what they're saying. And so theydon't they well this is a weird line,
so they don't prescribe it. Andso and the answer is they are
now following by not prescribing it,what medicine is doing that's considered the latest
(18:18):
in medicine because of the death,because of the addiction. And so the
answer is, and by the way, it's impossible to see the VA anyway.
But in this case, you haveabsolutely no case, I mean zero
case. Michael. Hello, Michael, welcome to handle on the law.
Hi there, Okay, So Istarted dating this girl briefly. She asked
(18:41):
for fifteen hundred dollars. She wantedto buy something. I never saw what
she bought. We ended up notgetting together, and now I'm taking her
to small claims court for the fifteenhundred dollars back. I did. I
do have proof of that because Idid it via Zell directly to her.
Oh, I don't think there's anyshow. Okay. I mean, you're
going to be able to prove yougave her the money, so she can't
(19:03):
deny that you got fifth that sheget You gave her fifteen hundred dollars,
So that part is okay. Let'sput the bed. So no denial of
you getting the money is h isin existence. Okay, Let's go on
number two. You want your money? Number two? Is it? Yeah?
I want my money back, andyou're suing her, and you're suing
her in small claim saying that thiswas a loan. Right, yeah,
(19:27):
that's great, okay, and youhave no proof of that. I have
no proof of it being exactly okay, And so she says it wasn't alone.
We were going out, we werethinking of going out, and Michael
gave me fifteen hundred dollars. ThanksMichael. Okay, stop it stops there.
(19:47):
Okay. Why why should the DoDyou believe that you loaned her the
money? Well? I do haveokay, I do have proof that I
paid her car payment and her doesn'tdoesn't matter, doesn't matter. How is
that? How does that turn intoa loan? Well? Okay, yeah,
I guess you're right now, Iam right. Okay, you're going
to small claims cart you're gonna lose. I'm gonna okay, yeah, and
(20:11):
you're going to Well, then you'renot gonna pay anything because it would be
the other way. If you won, you get attorney's fee, well,
you would get your filing fees andprocessing fees and service. But I mean,
you've got zero chance to win.And by the way, how many
times did uh okay, fifteen hundreddollars. Let me ask you how many
times did you actually, you know, you know, get late man,
(20:34):
how many sexual encounters? M two? I mean we weren't to get it
so too. So that's seven hundredand fifty yeah, yeah, yeah,
that you know what. That's expensive. I have to tell you. You
can do a lot better going onSanta Monica Boulevard. You know that I'm
being a lot better for that,Jen, good morning, welcome bill.
(20:56):
Um. I got a bill froma doctor that I don't even remember seeing.
And the bill was fourteen months aftermy appointment, and it was you
know, if it wasn't fu high, I probably would have just paid it.
But it was two hundred and thirtyfour dollars. And my I'm old,
(21:19):
so I'm on MEDICL. How oldare you? How how old are
you? Hey? I'm pushing eighties? Hey, no, wonder you forgot?
You went to the doctor? Okay, exactly. Yeah. A look
at my calendar and I thought,well, who is this doctor and why
did I go see her? Didyou did you go? I did?
(21:41):
It was all okay, calendar,okay, all right, fair enough,
But I don't Yes, you don'tremember, I don't remember. It doesn't
matter. Yeah, Jen, thatdoesn't matter. All all we have is
her bill. Okay, but that'sall we have. That doesn't mean that
there isn't an issue here. Butso you can ki that one goodbye.
That issue is gone. You wentto the doctor. You're looking at a
(22:03):
bill. Will presume that she didwhat she said she did, and did
she did? She in fact applyfor Medicare on your behalf. Yes,
they paid forty dollars, so mybalance was two hundred and thirty four dollars.
So how do you owe fourteen hundreddollars? No? Two hundred?
Oh you okay, all right,you owe you owe two hundred and thirty
(22:26):
dollars fourteen months ago? Sorry aboutthat, okay. And you want to
know what, well I don't evenI called and I said, what is
her specialty? Because I've gone tobask A resurgence and um, you know
other doctors and their bills are likeone hundred and thirty dollars. Well I
don't know if that matters, butokay, so um, and they said
(22:49):
she didn't have a specialty. Socan I ask for m kind of a
record of Oh yeah, yeah,of course, oh absolutely, Oh yeah,
Jen, you can ask for everythingthat the doctor did. It's your
file. It's a medical file thatis yours. And then you go,
what exactly did she do? AndMedicare paid forty dollars? And what is
(23:11):
her cost? And did she letyou know that there would be a balance?
You got to bill fourteen minute,you know, fourteen months later and
uh, you know, you justsay, now, what is she going
to dang your credit? What doyou care? You know, you're one
hundred and fifty years old, sothat doesn't matter ectly, And it's is
she going to sue you in smallclench court? And you're going to say,
(23:34):
Medicare paid forty dollars, she wantstwo hundred? What did what did
she do for you? Jen?Do you know? Okay? Well,
then you say that, you sayand you put in writing, Jen,
you say that, you go,I want my medical rector and I want
to know exactly what you did.And you start that argument and then you
(23:56):
start negotiating. They may go downor you say, hey, you can
pay me in small claims court.I don't care. Are you assuming a
small claims court? And I'll defendit. It's worth your time. I'll
sit there and I'm eighty years old, and uh, you know you're gonna
look like an idiot because frankly,and this is I think going to happen,
the judge is gonna look like aneighty year old woman when you go
in there. I mean you soundpretty good, jan I mean you sound
(24:18):
sharpen. So maybe go in witha cane, maybe bent over so you
look like you have scoliosis, looklike a homeless person. I mean,
there's a lot of stuff you cando to get the judge to the sort
of feel sorry for you. Butthe bottom line is, yes, the
medical records are yours. You canask for specificity, when did you do
(24:41):
it, what time did you doit, exactly what you did. I
mean, you want all of it. And then you can tell them to
go pound sand as far as owingthe money, and you know they may
negotiate with you. They may giveyou, okay, pay one hundred dollars
or offer I'll tell you what,Yeah, I gotta tell you. You
want two hundred and thirty, let'ssplit it and I'll pay you. And
(25:03):
who's gonna say no to that unlessyou got a real idiot doctor, because
this is fourteen months and it's it'sfound money for them. All right,
Jen, enjoy sharp lady for eightyman. I hope, I hope that
I'm that sharp. Okay, Oh, we actually have some phone calls.
(25:25):
Let me give you a quick phonenumber here and I went. The board
filled up. When we come backand we still have four lines open.
Are three lines open, so we'redoing okay. And the number is eight
hundred five two zero one five threefour. Eight hundred five two zero one
five three four. This is handleon the Law.
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