(05/06) HOTL Hour 3

Handel on the Law, Marginal Legla Advice.

Episode Transcript

(00:00):
Welcome to handle on the law marginallegal advice where I tell you you have
no case West Coast story and well, I guess to some extent, crazy
ass liberal story West Coast. Butone of the things that is happening along
the coast here in Los Angeles,San Diego, San Francisco, Oregon is

(00:23):
the issue of homelessness. Homelessness isso pervasive, is such a problem that
we have homeless encampments all over.On my way home, there are under
bridges, particularly overpasses, freeway overpasses. There are tent cities that I never
existed, and I've been living heremy entire life, so I've been here

(00:45):
for a while. Never saw thateven gets to the point where you see
these tents on both sides of theroad and there, well, it looks
like an RII showroom. There isnow these tents where used to be just
boxes and that sort of thing.And if you see a tent, particular
tent with for example, they havetwo room tents, that's a two bedroom

(01:07):
and there's also sometimes there's porta pottiesthere that the city provides. So you've
got two bedrooms with bath and it'sa pretty impressive. A lot of people
live there and they're trying to comeup with different programs. I mean,
it is a huge problem. Amatter of fact. Our governor on his
first platform, he campaigned on dealingwith homelessness. The mayor that was just

(01:30):
elected of La Karen Bass her mainposition. She came in dealing with homelessness.
Her opponent, a Republican by thename of Rick Caruso. He came
in the number one problem that hewas going to deal with homelessness County supervisors.
That's what we have going the homelessis. The problem is insane and

(01:55):
the more money we throw out it, the worst it gets. So this
is a story out of Oregon,and democratic lawmakes of course, Democrats want
to decriminalize homeless camps. That wouldallow the people living them to sue for
a thousand dollars if anyone tells themto leave or they get harassed. In

(02:16):
other words, the rights go tothem. So you have a homeless and
Cameron, let's say there's public propertyright next to your business or in a
park, and you're near the park, and you've got two hundred people living
there, and your kids can't goto the park, and there's trash and
there's crime, and you can't evenask them to leave, you can't harass

(02:40):
them. They have the rights.It is crazy, beyond crazy, and
major cities are exploding with this problem. And the Democrat who introduced this bill,
among others, quote many persons inOregon of experience homelessness as a result
of economic hardship. Yeah, ashortage of safe and affordable housing, the

(03:02):
inability to obtain gainful employment, anda disintegrating social safety net system. That's
on the bill. The reason forthe bill, and the problem is that
it doesn't matter how much money hasspent, doesn't matter. As a matter
of fact, the more money thatis spent on the homeless, the more
inviting it is for homeless all overthe country to come in. It's the

(03:25):
spiral that will never end. Andif you have ever come out for example
where near where I work, Imean, there are straight out villages of
homeless in these camps. It's thecrime is rampant, the disease is rampant.
I mean, there's a lot ofproblem with that. And I don't

(03:46):
know the answer either. I don'tknow the answer. It's not like I'm
sitting here with an answer. Ithink I have an answer, and that
is unbelievable, insurmountable amounts of moneythat have to be spent on housing.
Do you know housing permanent housing ishalf a million dollars per unit. Figure
that one out. Okay, let'sgo ahead and take some phone calls.

(04:11):
Start with you, Tom, Tom, you're up first. Welcome to handle
on the law. Yeah, butmore, I think it's given a goal.
Yeah. A friend of mine ownsa small trucking company. These two
actually zones. He has a fewtraders that he leases to subholers. I'm

(04:31):
one of them. And another friendof mine that used to work in the
company, Haw didn't actually and unfortunatelyhe died on the actuident. So wheedle
Um which a friend of mine too, wants to sue my friend because he

(04:53):
did not provide with workers comp.Yeah, worker, he doesn't have to
provide workers comp. It's an independentrelationship. Uh. Now does he provide
the trucks? Does your friend providethe trucks on the trailer? Oh so
he Oh, so it's independent.He hires independent. Here, I want
you to take this load and bringit over there. So it's a totally

(05:15):
independent relationship. Yes, he's notan employed No, he does not.
No, it's not necessary to whereI have workers camp. A matter of
fact, you can. He's anindependent contractor and that's legitimate. I mean
a lot of time people pretend tobe independent contractors and they're not. No,
this one is legit. It isyou know. I you know,

(05:38):
I'm a spolar too. I havemy own business. Yeah, yeah,
yeah, you're fine. That's whatI to my friend. I say,
look, he's lawyer, is lyingto you. You don't have a key.
Yeah, you're absolutely You're absolutely right. Let him sue. Let him
go ahead and sue on the basisthat doesn't have workers comp man. That's

(05:59):
why he has a case against thelawyer. Hello Rose, welcome to handle
on the law. Good morning,Thanks you ga. This is what happened
to me. December fifth, Ihad a vain surgery and outpatient vein surgery
on my leg and all went well. A December tenth, I got body

(06:23):
aches and fever, lower back ache, and by December fourteenth I was in
the hospital with excruciating pain on mylower back, couldn't walk. And of
course after MRIs and everything, theyfound something in my spine. They went
in and did surgery and because Ithought it was a cancer or something like

(06:45):
that, and it ended up beinga bacterial in final infection in my lumbar
area. Now that I spent amonth in the hospital and a month in
a convalescent home trying to regain mystrength and learning how to walk again,
and I have been left with incontinents and loss of balance. Okay,

(07:11):
you know it's been, um whatis this since December five months? I
do not see any real changes asfar as have you gotten a prognosis from
a medical expert, a doctor whoas they won't give me a prognosis.
Really, my neurosurgeon says, youknow, let's wait till six months,

(07:34):
see what happens. Yeah, Imean that's logical. That's logical. There's
nothing unusual about that. Oh,you have an interesting case, and you
want to know do you have acase? Yes? I do, and
I'm thinking it might be very difficultto prove that this was it. But
there was no other intervention in mywell. Let me let me tell you

(07:56):
the one defense they have, andit's a very good defense because I went
into the hospital with a spinal infection. And incidentally, for those people that
don't know and Rose, you'll backme up on this. The pain that
a spinal infection produces is beyond comprehension. I've never experienced paper. Yeah,

(08:18):
I've never experienced I've never had childbirthactually, but I've never experienced pain like
that in my life. So I'min the hospital with the spinal infection,
and on top of that, itturns out I need I need surgery,
and I needed surgery on my backand that didn't connect with a spinal infection.

(08:41):
And so I'm in the hospital,I need surgery, and I get
an infection in my heart valve inthe hospital, Oh my god. And
I had to replace my valve.So I was out for a total of
about five months from work, betweenhospitals, whatever. Now, I didn't
sue, And I'll tell you whyI didn't sue, because there is X

(09:05):
percentage of people that get infections anywhere. It is unless they are negligent,
unless clearly they didn't clean the place, or they used yeah or instruments had
a problem, which is gonna bevery difficult for you to prove. There's

(09:26):
two or there's two or three percentof people that get that get infections in
medical offices, hospital rooms, ors. And I happen to be one
of them. I didn't sue.However, I'm fine, okay, I'm
okay, you are not if you'llhave Yeah, that's not because you've got
some pretty serious, uh maybe lifelong problems, medical problems that may be

(09:54):
connected back. I think you haveto talk to a medical malpractice attorney who
is going to get you that independentoutside of your neuro surgeon, outside of
the medical people that were involved withyou, A totally independent let's take a
look at it, and we'll sayyeah, there's something there or no,
there's nothing there, and the attorneywill pay for it. I mean,

(10:18):
it's not cheap to get a medicalpractitioner looking at all the notes and then
coming back and give an opinion,because you have to have effectively a clearance
from medical practitioner before you can goforward on a medical malcase. I got
to tell you that there might besomething there, rose, and there may
not be. It's not clear cut. I mean, I wish you had

(10:39):
said, you know, I wishyou had said they took off the wrong
leg when they were doing an amputation, yeah, or you know, there
you are with your back, yeah, you know, and they took out
a lung instead of operating on yourback. That's a little bit easier.
But anyway, now where do Iget a medical man? You can go
you can go to handle on thelaw dot com and you'll get one referred
to you. Uh we say wehave normally handle on law dot com just

(11:03):
as personal injury, but very wellconnected with medical mail, mail practice and
attorneys. Okay, so I lookfor a personal injury, Uh, just
don't handle it, No, justgo to hand of course we do.
Just go to handle on law dotcom and you'll talk to a fellow,
a friend of mine who runs agreat portion of it, Mark, and

(11:24):
he'll direct you to where you go. Okay, fantastic, all right,
good luck to you. Good luckRose. Yeah, it's so tough.
I mean, it's true. Thepain was unbelievable when you talk about what
happens with a back surgery or aspinal infection. I had. It was
mine. Mine was assist that gotinfected. That was right next to the

(11:48):
spinal cord and it just went rightinto my my spinal Uh what the spinal
cord area was crazy? Just crazy. All right. I want to tell
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(12:11):
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(12:33):
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(12:54):
the qualify me button and answer thosefew questions. Get Refunds dot Com.
That's Get refunds dot Com. Hi, Hello, Mike, your turn,
Hello Bill, how are you doing? Yes, sir, that's crazy,
Yeah, it was, it wasreally bad. So Mike, what can
I do for you? All Right? So I have a son. He's

(13:16):
a marine. He's been in themarine for four plus five years. He's
a sergeant. Anyways, when hewent on a deployment about four years ago,
probably before he left the deployment,he had some suspicious stuff on his
banking account. So his X atthe time offered to help him out.
The X ended up ripping him offof about fifty thousand dollars worth of cash,

(13:39):
opening up about eight credit cards tothe debt of maybe sixty thousand,
and bought a BMW all on hiscredit And so he had that problem with
with um, you know Ida.So he comes back and he goes to
the BMW dealership says, hey,um, what's going on. They go,
well, of this car in yourname whatever? H The suspect convinced

(14:05):
him to go over there and signfor it because they figured out there might
be some fraud, and he endsup signing for it. Your son ended
up signing for the car. Yeah, okay, the reason why you had
the I had the exact same reactionas you. You did what And I

(14:26):
said, why And how come I'monly learning about this now? Well,
I love my son. The suspectwas let's see what we could call a
lady boy, and there was videosand pictures of him that could be sent
on Facebook and everywhere else of himengaging in certain acts with this lady boy.
So basically extorted him into night.It okay, oh did he get

(14:52):
caught up? So now was built? And now was built. We're getting
letters from the IR Yeah yeah,you got no, I mean yeah,
okay. Uh this breaks down ina couple of ways. Uh. So
the lady boy are not trans whatthey are. They still keep their male
uh configurations. Uh, they're youknow, their fruit packages, if you

(15:16):
will, and at the same timetake hormones and have breasts. And it's
really very strange. And usually it'sin Thailand, and uh it is not
uncommon, although I can see it'sembarrassing, to say the least. And
I saw I saw the picture.I saw the picture of the X and
to be frank, I would havefallen forward as well. Oh no,

(15:39):
these women, oh the oh no, they are beautiful. I mean knockouts.
Uh it's uh, it's it's usuallythey're in Thailand. I don't know
if this happened in Thailand happened inLos Angeles, but I think the person
was Tai. Yeah that's the case. Okay, so you got it.
There's a couple of issues here.Uh and uh, by the way mister
you screen the calls, I'm gettingtired of these marines hooking up with lady

(16:03):
boys and being extorted into BMW's Uhthe only one. No, no,
what I'm saying, Yeah, thisis you know, I've been doing this
show for decades. Uh, Mike, I've been doing the show for decades,
and rarely do I get something thatis brand new, never been heard
before. You got one on thisone, you have it? Okay?
With that? Okay, With thatbeing said, it breaks down in two

(16:26):
issues. What he didn't sign for. Uh that is the credit cards or
whatever it is uh he has.He can get out of that simply by
proving fraud that he has been defrauded. Uh, that it's identity theft.
You can prove that to the irs. They have entired divisions. They give

(16:47):
you exemplars where you sign a bunchof times and they connected to or they
compare it to whatever signature. Uhthat this young man I guess I had.
So that one's easy, okay.The one that's difficult is the ones
that your son signed for. Yeah, that is a problem because yeah,

(17:08):
and I have contacts and I wasable to get the car back. So
now I have the car, whichof course BMW wants back, which they
also want twenty five thousand dollars fromand and that is we went to a
credit repair company, got everything prettymuch taken off of except for maybe one
credit card. And of course BMW, Okay, twenty five thousand dollars is

(17:30):
a lot of money. I sohow much was the car worth when it
was bought? And probably thirty Therewas like hardly anything paid on it,
so it was one of those electricBMW small things. Okay, but if
you return it, I mean,is it in good shape? Oh yeah,
it hasn't been touched. Let meask anyone. You give them back

(17:52):
and they basically want a free car. You paid all this, you owe
all this money, they get thecar, and you still owe all this
money. That doesn't make sense,Mike, especially electric cars. So you
have a thirty thousand dollars car thatall thirty thousand dollars is owing. BMW
is willing to take it back.I can see a few thousand dollars.

(18:14):
But if BMW is willing to takeit back, the car is worth something,
and they're saying it's worth nothing.You could probably sell it for twenty
five or twenty two. How oldis it about four years? Oh?
Four years? And so it justthat was four years ago. Okay,
but it's still worth something. Okay. What is an electric BMW worth that

(18:37):
paid thirty thousand dollars worth? Isit worth half the price? Probably a
little more, probably around twenty ofthe last time I looked at Okay,
So you just sell it on yourown, just sell it hasn't been registered
for you four years and I don'tthink we have the title. Okay,
then, but they can't hit youwith thirty thousand dollars. They cannot hit
you with a sales price and geta car. That's possible. That's you

(19:02):
know. They can't do it becausewhat they're saying is we sold you a
car for thirty grand, you owethirty thousand dollars. Okay, we'll take
the car back. That's worth twentythousand, but you're still owing us thirty
thousand, so we get a freecar. Doesn't work that way, Mike.
You can tell BMW go pound sandand I would just sell the car,

(19:22):
or tell them to sell the car. And just say, I'm not
gonna owe you thirty thousand dollars.You have the car. Let's litigate this.
You're gonna be fine. And Ican see how your son is completely
totally embarrassed. I mean, wideopen for extortion, wide open for extortion.
And so tell him next time,Okay, he ends up with one

(19:44):
of these lady boys, you know, turn off the lights when he has
sex. Okay, yep, okay, I said, I guess next time,
check downstairs first. Yeah, nokidding, it's a good way,
no kidding. That's good advice.Good for you. You know, you're
you could have been a lot,a lot harder on your son. Yes,
you're a good dad. He's great, except for his being a little

(20:08):
gullible. But yeah, no,I understand, I understand. I could
have been full forward as well.Yeah, okay, fair enough. All
right, that's you know, uh, let's go. Oh no, I'm
not going to start with crazy Mary. I do crazy Mary all the time.
I'm done with that. Marlene,Hi, Marlene, welcome to handle
on the law. Hello, Yes, ma'am, okay, I'm a chanet.

(20:34):
I have been at this house fortwenty years and a new owner is
now bought the property. It gaveme a sixteen page lease. Um,
nothing mentioned in the lease about thegarage, which the original owner had rented
to me for the last ten years. Now, it's very chock full of

(20:57):
my stuff. It's two cards,watch m H. And I obviously notice
from the new owner attorney some fewnotices to quit or lose the house.
If I don't to quit, toquit what because you're losing. If you

(21:18):
get notice to quit, that meanshe's throwing you out of the house.
Anyway, of course, you're gonnalose the house if he throws you out.
It sound a little confused. I'msupposed to cure, and that cure
would have been to clear out theentire garage. Okay, but there's nothing
said. But there's nothing said onthe lease about the garage. Correct,
Nothing good, not a word.Okay, all right, So okay,

(21:38):
got it. What's your question?Okay, So I'm also low income,
and i'm and I'm also disabled,and I'm gonna live alone. So now
are you on a pro are youwaits like, are you on some kind
of a program where the rent issubsidized or do you just regular rent,
regular arrangement and you happen to bedisabled in low income right, and elderly

(22:03):
okay, got it? Okay?And elderly all right, none of which
is protected unless you're within a program, by the way, less the government
unless the government subset I is Sectioneight, etc. Okay. So uh,
he says, get your stuff out, and you didn't get it out
right, not fast enough he wanted. He sent me a few notices and

(22:26):
I asked for more time. Okay, So he gave me a little more
time. But then next he ishe is going to I don't know if
it's called suo me or what.But I finally got a lawyer, and
that lawyer told me that he isthe owner's attorney is going to charge me
with four thousand dollars just for nothing. What? What? Nothing? He's

(22:48):
going to send you this a billfor four thousand dollars and under services is
says nothing. Right, Well,I didn't get the bill yet. He's
just just ignore it. You're notgoing to get hit with it. Okay,
you're not going to get hit.I don't know how are he's going
to charge you with attorney's fees ifhas he filed a lawsuit yet? No,

(23:10):
I haven't got the paper with Butmy attorney says that they're working on
it. It's been letting you okay, but there's nothing. The point is
there's nothing about the there's nothing aboutthe garage in there. Now. There's
probably a clauset you signed the lease, correct, yes, okay, So

(23:30):
that allows him to collect attorney's fees. But it's going to be pretty tough.
And if you're low income, whereare they going to get the money
from you? I mean, howdo you pay the rent? What kind
of income do you get? Imake about nineteen something months from attention,
and that's it. That can't betouched. You're fine, No one's yeah,

(23:51):
you're gonna be okay. I wouldn'tworry about the lawyer. I would
not worry about the lawyer of suingyou for attorney's fees. If there's a
lot of defenses there. Anyway youhave about the garage, I just not
mentioned you've used it for years andyears. I mean there's there's stuff there,
Dan, what's going on in yourlife looks like a fun call.
About two months ago, I putmy house up for sale I've lived in

(24:12):
for twenty two years, for saleby owner, and I put it up
in my personal Facebook, and Ihad a realtor right on my personal Facebook
and all my years of buying realestate, any seller taking this position as
a red flag buyer beware. Ichecked. It's not ethically wrong, but

(24:33):
I'm wondering, do I have acase in small claims that it was detrimental
to the cell of my house?Yeah? Okay, did you sell your
house? Yeah? But I endedup selling it through a somebody's going to
flip it and really had nothing todo with the Facebook. But I took
the offer, and we had otheroffers and didn't have if we would have

(24:55):
spent some time to have the houseinspected and all because of the slipper didn't
make us do And okay, youunderstand, but why didn't you do that?
Why why didn't you? If youhave you, you have these people
that flip the houses, got it, yea? And some are very ethical,
some are not. Are you goingto get as much money as you
would buy? Well, even listing, and I think you'll do better,

(25:18):
but uh, taking your time,you're gonna you're not gonna get as much
money. But the advantage of courses, all the advantages. You don't worry.
There's no scrow periods. I mean, any of that, it flips
immediately. But let me ask you, how do you connect you making that
decision with the guy uh bad mouthingquote anybody who sells on the cells for

(25:41):
sale by owner. It's a redflat. Okay, how did the two
connect? How did the two connect? Well, I don't have a problem
with anybody putting that on their theirown Facebook page business page, but it
just seemed like not a very goodidea to put on a personal Facebook page.
Okay, it wasn't. And bythe way, how do you get
into your per no Facebook if it'sa personal Facebook page? Because I met

(26:03):
him twenty five years ago, I'vegot sixteen hundred friends and somebody I haven't
seen in twenty years. Okay,and you can I'm assuming, I'm assuming
you could have blocked him in twoseconds, right as soon as you saw
it. You throw him right off. Well, I wasn't. My wife
moved to delbry Beach porter to takea job, so I wasn't always here
to look at it. When Iput it up for cell, I was

(26:26):
actually in Florida. Okay, Dan, that's your fault that you didn't look
at it. It's a personal Facebookpage. That's for starters not looking at
it. Let's go to number two, and that is how do you say?
That's what caused me to go toa flipper? And if I had
done the time, I would havemade more money. And it was that

(26:48):
post that made me do that,so I couldn't make as much money.
I think you're gonna have a veryhard time connecting that one. I think
that's the kind of advice I neededto hear. Okay, hold on one
more, one more and no problem. It's a good question. Don't don't
misunderstand. And then the third one, I'm glad you brought this up.
The third one was that defamation.Did he say you or no one should

(27:14):
go to Dan because you're going toget less money or there is a problem.
He made a general statement saying anybodywho sells a house on their own
through the internet, it's a redflag that is not nearly enough. So
Dan, you lose across the line. So all I can say is you
have no case. You have nocase. You have no case. But

(27:37):
good good for you asking the questionand paying attention to me. I love
it. Uh, Jacob Jabriel,Yes, sir, what can I do?
See them the invoice from a doctorwhose services were rendered two years ago?
What's the statute of limitations ends?Where it depends? Where where are

(27:59):
you? Jacob? What state?California? Four years? Two years?
No, I understand four years isthe statute? Okay? So I gotta
pay the dang thing well or ignorfor two years and then they have no
lawsuit if they if they file alawsuit from now until two years from now,
they have there within the statute andthey can pay the medical bill.

(28:22):
How much is it? By theway, Jacob, how much is the
medical bill? Eighty eight dollars andseventies cents? Pay it? Yeah,
you can easily say that when yougot money. Money. Now, let
me ask you. Okay, that'sthat's not fair. That's not fair.
So let me put it this way. Is eighty eight dollars are you is
that a hit? Are you goingto feel that just for one second?

(28:48):
Okay? Then then you just payit? Is it worth the hassle?
Because here's what they can do.They can ding your credit. Yeah,
and that is not worth Even ifHere's what I would do, even if
I didn't owe eighty eight dollars,Jacob, I would still pay it.
Just to guarantee that they don't goforward and ding your credit. And I

(29:11):
would call them and say, ifI pay it, do you leave me
alone? Are you not going toreport me? I'll just pay it and
it's uh in for eighty eight dollarsand that's all you Bill. You're going
to be fine. There's just somethingall right, there's just all right.
There's sometimes when you just don't doit. Uh okay, Simon, you're

(29:32):
up. Welcome Hello, Simon.Yeah, I bill, Uh yeah.
I got a traffic tickets with it, which is great, like camera TI
kits in the city of Massachusetts,like four years ago, and I haven't
paid it and now they sent youto collection again. Yeah. No,
it's a good question. How muchdo they owe you? How much you

(29:55):
owe Simon? How much is thetickets? Fifty dollars? Same thing that
I just gave fifty bucks? Youpay because first of all, there's virtually
no statute because you're out of state, and that tolls the statute because anybody
else would just move and they don'thave to worry about it, so that
tolls the statute. That's one numbertwo, you don't pay it, and

(30:19):
he's ever in there. There's probablya warrant for your arrest for not paying
a traffic ticket. Now you don'tgo to jail for that, but well,
you get arrested if there is warrant. There's warrants out for not paying
traffics tickets. Or I'm going totell you a little secret, all right
that I don't usually share. WhenI was twenty one years old, I

(30:41):
didn't pay a traffic ticket and Iwas stopped for jaywalking. And you know
what the cop did. He arrestedme because I had a judgment. Now
I went to They didn't put me, and they didn't put me behind bars.
All they did was photographed me,fingerprinting me, and I walked out
the door, and I think itwas one hundred dollars bail. But what

(31:03):
I'm telling you is you don't wanta non payment the arrest warrant out there,
because they will and for fifty bucksif you can afford it, it's
not a big hit. You know, it's Are you living on two hundred
dollars a month for example? Youknow I'm not, but I don't live
in the state anymore. Though,well I would still pay it. I
would still pay it. That's mebecause you want to warrant out any one

(31:29):
of the states. Not for me, but that's the way I take it.
The point is, if you stayaway from Massachusetts, you never go
in the state, you're gonna befine. And if you go into the
state Massachusetts, don't get okay anddon't get stopped by a cop, and
then they can just you know,pound stand. This is handle on the law.