(05/13) HOTL Hour 1

Handel on the Law, Marginal Legal Advice.

Episode Transcript

(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. Okay,this is a story I did, and
I've been following this story because I'vebeen in reproductive laws. You know,
my entire legal career was third partyreproduction. So whenever there's a case of
embryo's sperm donation surrogacy what I specializedin, I try to bring it to

(00:25):
you. So we did the storyof this sperm donor out of Holland,
if you want to call him asperm donor who looks like he fathered over
five hundred children and that's kind ofinteresting. He would go to the three
sperm banks in Holland and they sortof got the idea that he has way

(00:48):
way, he's doing this way toomuch, and so he went to a
few other sperm banks around Europe andthey put all that together and he has
five hundred kids. Now it's notagainst the law, but it is pretty
obnoxious. So a Dutch court ruledon this. There was a mother who
had a child as a result ofone of five hundred as a result of

(01:11):
this man's sperm donation, and shesued him. And there is really no
law that he violated. However,the Dutch court, the Dutch court did
say that he may not do thisagain, and if he does, there
will be a five hundred will bea one hundred and ten thousand US dollar

(01:34):
fine if he breaks the band.And so what he's doing now is going
on the internet and selling his spermand they're trying to stop him from doing
that because it's a direct sale andno one knows where he is, and
clearly no one knows where exactly he'sdonating. Well, they know what part

(01:56):
of his body he's using to donate, but for the most part, no
interesting. And I've dealt with spermdonors and in America there's a very dear
friend of mine who actually founded thelargest sperm bank in the world and policy
limits someone for I think it wasfive and then they contact other sperm donor
organizations. All right, let's goahead and take some phone calls. Linda.

(02:25):
Let's start with you. Do Ihave that Linda? You there?
All right? We have an issuegoing on here with Linda. Okay,
oh, here we go. HiLinda, welcome, Hi, Hi Bill.
I appreciate you. So my questionis I purchased the rug that I

(02:46):
thought was a real Persian handmade rugin New York when I was visiting.
I live in Los Angeles, andI went to a rug dealership in Los
Angeles that is a Persian rug dealer, and he said that it was actually
a machine made and it's it's notwhat I had thought I purchased. So

(03:07):
I've been trying to contact these peoplein New York to have the rug sent
back to in hopes that I coulduh get my money back, and now
they won't return my phone calls.Yeah, yeah, that's it says.
It says on the on the invoicehere that it is still Oh yeah,

(03:27):
no, it's fraud. No,it's fraud. It's fraud on its face.
I mean, there's no question it'sfraudulent. Uh. And yeah,
whenever had you ever purchased a rugbefore, a Persian rug? Sir?
No, Okay, let me giveyou it's a quick story of mine,
all right. And that is,first of all, anybody who is Persian
always has a cousin and uncle ofsome family member who's in the Persian rug

(03:49):
industry. I guarantee you there isn'tan Iranian in the United States that does
not have a family member in thePersian rug industry. So when I built
the Persian Palace and it saw theflooring is all hardwood and tile, I
have to add some kind of floorcovering. And we chose Persian carpets because
they're so beautiful and can be veryexpensive. How much did you spend on

(04:12):
it? Well, yeah, sothey had this big sale going, of
course they did. It's always onsale, it's always liquidation sale. Yes,
how much did you spend? Rightright? Eight hundred and seventy one
dollars? Eight hundred and seventy onedollars. Now, there is no how
big is it? Three by four? Oh? So it's small, but

(04:32):
a real Persian rug. You're notgoing to get freight, but you're not
gonna get eight hundred and seventy onedollars there. I would marked down from
seventeen hundreds. Yeah, it wasprobably marked down from seventeen thousand, for
all I know. And so hereis the story. Okay, here is
the story. And this I hadan experience with that, And so I
was looking for Persian carpets for thehouse, and he um and the fellow

(04:55):
that I knew, and I knewhim for a very long time, a
friend in Iranian, and I said, hey, do you know anybody that's
in the Persian rug industry. Hegoes, oh, I do. My
wife's best friend grew up with thisguy, and he's a wholesale dealer and
he will give you a great price. Okay. So he comes out and

(05:15):
they bring out the Persian rugs.Is the way they do it here or
eight in a high end Persian rugs. And so we rolled over and looked
at the Persian rug and said,yep, this is very, very good.
And I said to him, listen, I don't want to rip me
off. I'll pay you a reasonablefee, but you know, be very
careful because I'm gonna have this thinglooked at. And he said, how

(05:39):
about this wholesale plus twenty percent.I said that's fine, that's reasonable.
So I called so it puts itdown. I called my friend. And
this is before I bought it.It's just sitting there. I called my
friend and I said, I wentthis thing appraised and he said, he
said, absolutely, you get itappraised one hundred percent. You get a

(05:59):
praise. And then I asked him, but wait a minute. This is
your wife's best friend's husband, youknow. Let me think about that is
there any issue? And he literallysaid to me, I'm not exaggerating,
Bill. If my mother sold youa Persian rug, I would tell you
to get it appraised. Okay,that's and that's that is absolutely true.
So you didn't know. So I'mnot going to nail you for that.

(06:23):
Okay, I'm not going to callyou a moron for that. The point
is you've got a small claim suit. But they're in New York. They
don't have any business in California,do they? No, how did you
get it? Did you bring itback from New York? Did you ship
it? Yeah? I know.He actually just folded it up and I
put it in a bag and Iokay, you bright home, Okay.

(06:44):
So okay, So your lawsuit ishe hast him for eight hundred bucks and
he's not going to give you yourmoney back, and you overpaid. But
if it's a good looking rug,which most of them are, basically you
got nailed and you should have paidthree hundred dollars for it, and you
paid eight hundred dollars for it,and that's and that's it. I mean,
legally, there's really no place foryou to go on that one.

(07:04):
So you know, But but atleast it's only eight hundred dollars, so
that's not the end of the world. Abraham, Hello, Abraham, welcome,
Abraham. You're there to hold Istart all over again. Yes,
gold you hear me? Yes,I can now. Okay, Hey bens,

(07:25):
good morning. I'm planning on goingto bankruptcy. But I have a
BMW and I'm trying to surrender itback to a finance company. But they're
not accepting Um the car back?Um is there any way? Like?
Um, how how would I comeacross that with my car? You want
to talk to you, but youwant you want to talk to your bankruptcy

(07:46):
attorney, and they don't want it. They don't want it. You're going
to forgive or they're going to forgiveall your debts and you're going to have
no debts. The bankruptcy jusual foryou have no debts. And if they
if you put them into the bankruptcy, they can take it or not take
it. If they don't take it, hey, you get a free car.
So what they're trying to do isjust keep you to keep on pay.

(08:09):
I you've told them you're going throughbankruptcy. Yeah, I told them
that. I'm planning to do itsoon, and they're they're telling me they're
going to take it out of mywages and they're gonna do yeah, no,
no, there's no first they haveto take it right. Then they
have to sell it. But inthe bankruptcy it's going to be noted and

(08:30):
that is simply part of the bankruptcy. Now, the bankruptcy judge will probably
give them the car. But whatthey're doing right now is blowing smoke.
They just want as much money aspossible and they're scaring you and it's all
crap. You want to talk toyour bankruptcy attorney on this one. Okay,
okay, they don't pick it up. What you drive it? You
keep on yeah, you keep ondriving it. They don't pick it up.

(08:52):
Thank you very much. Send thema nice card for Christmas saying thank
you greatly, appreciate it and makea great car. And I'm gonna tell
all my friends out there to geta free car from BMW two because you
guys are great. Call your bankruptcyattorney. Talk to your bankruptcy attorney,
like immediately, and asked what todo. I don't be bankrupt, I
don't do bankruptcy. Long what Ijust told you could be completely wrong.

(09:16):
Matter of fact, if I hadto guess, yeah, it's probably wrong.
Okay, Jim, Hello, Jim, you're up, welcome to handle
on the law. Yees, sir, how are you doing? Hey,
Bill? My mother passed away abouta year ago. She was it was
intestate, and she was basically destitute. So we find out that her apartment

(09:39):
is holding a check for her cleaningdeposit three hundred bucks. So I checked
around and try to find out howwe could get that back because they don't
want to give it to us,you know, because she's gone, and
you know, they say, oh, you need power of attorney. Well
I don't think so. But Ichecked with the courthouse and it's like four
hundred and fifty works for a smallestate affidavit. I'm not going to do

(10:03):
that for tree hundred dollars. Check. Do we have any other options?
Well, no, you've got towhatever it costs to file, because what
you have is someone has to representthe estate. Okay, since your mom
is sort of completely dead right now, she can't go in the court.
Yeah, and if she can,that gets really interesting if you bring her
in. But that's a different issuecompletely. So if the court demands that

(10:26):
you, Uh, this is thefiling that you do. What you want
to do is call the court andsay if I pay for uh the filing
fees, including this affidavit that Idon't know Small Claims Court, it's costs
and fees, which is costs ofservice and caught the filing fees that you

(10:46):
pay, I don't know. Understand. Time out for a second. Uh,
that's it's a it's a it's aprobate form. It's a it's account.
No I understand, No, no, I no, I get it.
No, I understand. I understand. It's not a probate. The
whole probate issue is to have someoneidentify themselves as representing the estate. Right

(11:07):
now, you can't go in.There's no one representing. If you read
the bill, if you read aboutthe small estate Affidavit form, it said
for it below ten thousand dollars ofvalue, then you don't have to file
probate. Well, but you stillhave to. But it wasn't the form.
Hang on a minute, I understand. But that form gives you the

(11:30):
power to sue on behalf of theestate. It's basically a summary probation.
Someone has to sue the estate andthe okay, someone, I'm sorry,
someone has to sue the landlord.The estate has to sue the landlord.
So how do you get the legalability to sue the landlord? You have
to represent the estate. The onlyway to represent the estate is to go

(11:52):
in and file this affidavit. There'sno other choice. So now you fought.
You spend four hundred and fifty bucks. My question is, and I
don't know the answer, which iswhy you want to talk to the clerk
of the court. Is the fourhundred and fifty bucks that you spend part
of the return of the fees andprocess of service? Is that included in
the cost of the lawsuit? Ifit is, you get your four fifty

(12:16):
back. If it is not,you suck up the four fifty, You
sup up three. You don't paythe four fifty, and you simply don't
get the three hundred dollars. That'sall. There's no other way around it.
You got stuck. You got stuckbetween a rock and a hard place.
It's life in a big city.Yeah that well, yeah, that
is yeah. Anthony, Hello,Anthony, welcome. Did a salary an

(12:41):
employer make a salaried employee use vacationdays on their scheduled day off when they
take a vacation. I don't quiteunderstand your question. You have a schedule
go ahead, so you want totake two weeks off and then yeah,
five or six of those days oryour cheduled days off, So really you
only need to use seven vacation daysfor the days you'd actually be at work.

(13:05):
But the employer that I work foronce, did you take vacation days
for all the days, even ifit's your scheduled day off, and I
don't know the scheduled day off.That has nothing to do with your vacation
time. These are just days offyou get, correct, Yes, it's
just part of it. You goto work for a company, part of
it is you get vacation. Youget vacation time. And by the way,
we're also giving you five or sixdays of just time off because we

(13:28):
want to give you time off andwe're good guys. So I have that
right? Yes, Oh okay,No, I don't think they can,
because what they're doing is combining aright that you have one or the other.
For example, if you have ninedays sick leave, okay theoretically,
or ten days sick leave or sevenday, sick leave, whatever, and

(13:48):
you have vacation pay and you aresick. The landlord or the owner of
the company cannot say, by theway, your sick days are going against
your VA. Can't do that.You're gonna be fine. So they try
to say that we're on call.Oh, well, then you're working.
If you're if you're on call,you're working. It's not that complicated.

(14:13):
Yeah, you're gonna be fine.I don't sweat that one. That's okay.
Phone numbers eight hundred five two zeroone five three four. We do
have some lines that are open eighthundred five two zero one five three four.
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(14:33):
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(14:56):
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(15:18):
So to find out if your businessqualifies, just go to get refunds
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refunds dot Com. That's get refundsdot Com. Maria, you're up,
Hello, Maria, welcome to handalong the law is? How is the
Japanese core going to come after mefor refusing to accept my Japanese grandmother's inheritance?

(15:46):
Okay, let's start with you don'twant your grandmother's inheritance? Why?
It's a long story? Are youokaydie expressed my wishes to their family.
I don't want any part of it. Okay? Is it? Okay?
Got it? Okay? No,I understand that's fair. That's fair.
So I just real quickly, canyou make it a short story? Because

(16:07):
I'm always fascinated by how you andwhy people don't want an inheritance. Usually
they do. Uh, there's alot of gray areas there. And when
people inherit, they don't inherit ASICsall, they also inherited. Oh okay,

(16:30):
not very clear, got it?Okay, yeah, you know,
you answer the question. That's fine. You answer that question. Makes all
the sense in the world. Theycan't force you to take an inheritance.
They are suing me. They're suingyou in Japan to take the inheritance.
Do you have a lawyer in Japan? Do you have a lawyer in Japan?
Are they suing you in the ErStates or no? I live in

(16:52):
California. Okay, so can theycome What should I expect? They say
they are suing Have they Have theyactually sued you? They have told me
that they're going to sue great,Have they actually filed any paperwork suing you?
I have not received anything. Thenyou don't because you have to be

(17:15):
personally served. Someone's gonna have tohand you the lawsuit. And if this
is a Japanese court, I don'tthink they have jurisdiction, so they would
have to sue you in California.Uh, not in Japan, So they
would have to sue you in California, And then they then they give you
a summons and they're excuse me,and now they are arguing your honor,

(17:38):
even though it is illegal here toforce someone to accept an inheritance because you
can always say no. They,on the other hand, because of Japanese
whatever law, No, you're fine, don't worry about it. You're you're
fine after being might they might,they might, but it doesn't matter.
You're gonna win and you're gonna attorney'sfees on that. And there I don't

(18:02):
think they're going to get a Californialawyer to sue you. I don't think
there will be a California a lawyerthat would sue you. And so now
they have to have signore everything.If they file a lawsuit, you have
to see an attorney just to throwit out. Okay, and you'll but
you'll be fine. They can't forceyou to take an inheritance. And I'm

(18:23):
assuming the liabilities are greater than thethe inheritance the assets, so I have
that right. I don't know.They are not very clear. They want
the signature. You know, youdo nothing. You do nothing other than
tell them I don't want the inheritance, which is kind of interesting. Uh,

(18:45):
Tony Hello, Tony, you're up. Hello Bill morning. Duke own
a condominium at a complex that ishomeowner association. Um, they came up
with charges. In my opinion,they're illegitimate. I can prove that.
However, they're charges that I haven'tpaid yet. Okay, wait, hold

(19:07):
on, let me stop right there. You can prove they're not legitimate,
how how do you prove that theycannot prove their legitimate They don't have to.
Okay, they don't have to,though. The burden is on you
to prove they are not legitimate.It's not on them to prove they are
legitimate. So if they're following,if they're following, if they're following the

(19:32):
CCNRS and CCNRS board has a lotof power when it comes to kindom anium
associations, homeowner associations. So whatare they doing improve? Also, what
can you prove they're charging. They'recharging for league water league that was taking
care of And also we didn't geta chance to talk with insurance company and

(19:56):
it took them more than four months. Okay, that's still okay. But
it was it in a common areaor was it your area? It was
not in my area? Okay,Then they can do it. Then they
can do that if they say itcaused If they say it caused it and
they give you if they charge youfor a common leak, uh, and

(20:21):
they're saying your individual your individual unitcaused the leak and it didn't, then
what you do is dispute it.And here's why it's really complicated. They're
gonna put the fees on. They'regonna give late fees. Uh, it's
gonna be on the record. Youcan sue them. It's a mess,
but uh, okay, illegitimate.But it's a really complicated How much do

(20:44):
they want? That's where we're atright now. They're eighteen thousand dollars,
eighteen thousand dollars just from you correct, turn it over to your insurance company.
Turn it over to your insurance company. Let them fight it. Even
even if it's late. We're we'rear Yeah, you turned over right now
and then and then you are thenyou argue the late fees because if it

(21:04):
turns out that you're in the right, Uh, then there's no late fees
on a fee that is not butyou have to prove it. You got
you got to prove it it's notthem. But yeah, I think you
should be okay on that. Uh. If they're tagging you for common uh
some uh common a position or aleak that comes from a common area,

(21:30):
and they're saying it's from you,you go no, it's not. Then
you fight it. It's not thatcomplicated. Real quickly, all right,
got crazy Mary. Every once ina while, it's probably now every week.
Real quick question, Uh Mary,go ahead, okay, Um,
I want to cannonize my mother.You want to canonize your mother, and
you want to know how to doit legally? Right? Perfect? Well

(21:52):
no, no, no, becauseI'm not I don't think the chapter is
to say yet because you go tochurch? So is there a Jewish version
or secular way too? Okay,she goes so you want to canonize her
in a secular way. Yeah that'sgreat. Yeah she didn't even go to
church. Yeah, okay, yeahthat'll work. Just go ahead and filing

(22:15):
lawsuit. Filer lawsuit, and thecause of action is canonization. Uh,
the Catholic Church must canonize her eventhough she's Jewish and doesn't go to court?
Why not? This is why,this is why we call you crazy
Mary. All right, that's enough, Mary, We're done for this week.
Thank you, okay, thank you, goodbye. Always a pleasure.
It just you know, it getscrazier and crazier with her. You know,

(22:37):
she comes up with this stuff.She's a regular. I think she's
been calling it for years. WhenI used to take phone calls, and
anybody used to take phone calls.When kf I and our station where I
was at, or any talk stationtakes phone calls, inevitably, there are
people that are there every night,usually it's a nighttime, and they come

(22:59):
up with stuff like this, samething happens. I was just reading about
the La City, the city councilin La is where I live. As
you know, the La City Councilhas council meetings once a week. They
have to buy law, and they'realways the same crazy ass people that show
up, always the same. Theyknow everybody by name. The council people

(23:19):
know. And by the way,the City of La is a multi billion
dollar agency. I mean, thecity is an administrative that, if you
will, agency that's multi billion dollarsthat spends. That's their budget. And
the city council knows every one ofthese people because they're there every week screaming
and ranting and raving. I'm acitizen and as a guy who's retired or

(23:40):
it's just insane. Patrick, Hello, Patrick, Yes, Bill, Yes,
Sir. A friend who has regularBible studies in her home. Sometimes
they meet in the garage, sometimesin the dining room. Somebody told her
that she's got more in a coupleof people. She needs to get an
a DA compliance bathroom. Well outto a contractor and he gave her a

(24:03):
quote north A ten thousand dollars.Yeah, I said to her, I
don't know if that applies to you. I think it's worth commercial businesses.
I don't think it's you got anyopinions I do. First of all,
I'm going to suggest you pray overit, and we've been doing that and
it hasn't helped. Well, wow, hey what is that? Hey?

(24:23):
What does that tell you about religion? You pray over it and you don't
get an answer from God about ada? For God's sake? Fartib Oh,
Yeah, you don't have to,You're you're right, she doesn't have to
be a DA compliant. I meanshe's not a business. It's a Bible
study course. Yeah, it's ata house, and you're allowed to do

(24:44):
that. And you've got to believeme, First Amendment. Right, Yeah,
that guy is crazy, you know? Is he is he a member?
Is he a member of the Biblegroup? I don't even know who
told her that she got the quote? She don't. She doesn't have to
do anything. And if he's amember of the Bible quote, throw him
out. Throw him out, that'swhat you have to do. Yeah,

(25:06):
God does not like this guy.Clearly, it's weird. How do you
ADA compliant? Give me a break. That means not just the bathroom.
That means you have to have aDA compliance with a ramp going up the
front door, right, And thenyou have to make sure that the mirrors
are x inches off the ground,because I've told you that the code says,

(25:29):
especially when you're talking about the ADA, that mirrors have to be thirty
one and a half inches off theground or whatever the bottom of the mirror.
And there are law firms, Sleezballlaw firms that specialize ensuing usually small
businesses, almost always small businesses,because it's a threat, will go to
court. And if it's half aninch off, half an inch off,

(25:52):
they're going to go to court andthe judge has to give it to them.
And there's an mandatory four thousand dollars. Fine, I'm twenty four thousand
dollars recovery. So, for example, they go up ramps and measure the
incline of the ramp, which hasto be I don't know, seven percent,
let's say hypothetically, and if it'sat seven and a half percent,
you get nailed. This crazy.So in the quick answer, you can

(26:15):
pray all you want, except thosereligions that don't count. You know,
now all religions count. Welcome toAmerica. That's how it works. Charles,
Hello, Charles, welcome. Yes, Hello, Bill, Yeah,
I had I climbed a bankruptcy intwo and fourteen. I got a Leane

(26:37):
avoidance son one property and my motherin law lives in another one and it's
paid for. And I want toknow if that Leane avoidance is for life
or what if I claim another bankruptcyand I have one creditor and that well,

(27:00):
you have got to be bottom line. You have to ask. You
have to ask for it again becausethat was a previous bankruptcy. And on
what basis did the court give youthe avoidance of the lean when the lean
where the property was not put intothe bankruptcy And I guess what is it
that the creditor was not a labelednot able to try to go for the

(27:23):
property through the bankruptcy? Do Ihave that right? Correct? Okay,
yeah, I think you have toask for it again. I mean I'm
assuming that the lean avoidance was toa specific piece of property. Yeah,
oh, you're fine. Uh.And in the sense that you're not fine,
You're gonna have to go for itagain. You've got a very little

(27:45):
choice. Yeah. Just talk toyour bankruptcy attorney and they say seven years.
Yeah, yeah, I'm allowed togo every seven years. Of people
that do it seven years and oneday afterwards. Janet, Hi, Janet
Europe welcome. Yeah, Hi,this is Janet. I have a problem
with my breaks on my twenty twentythree hybrid car. I bought it in

(28:07):
November of twenty twenty two. Ihad a thousand miles. The breaks started
to drag. I took it intothe dealer that I bought it from.
He couldn't hear the noise the servicedepartment, and I bought it in again.
They couldn't hear it again. Ibrought it in a third time.
I sat there for a half anhour, half a day, and I

(28:29):
couldn't find anything wrong. I thentook it into another dealer here in the
Coachella Valley and they gave me arental car, and back and forth.
They said it was the calipers.They replaced that, but I still had
the noise. Took it back inand now I'm still sitting without my car,
but in a rental car. Whatcan I do to well, hold

(28:51):
on, Okay, you're sitting there. It's at the dealership, correct,
it is at the deal Okay.Have they identified the problem? No,
they say that they cannot identify it. Okay, and they're how about asking
for your car back? Have youdone that? I don't want the car
back because the brakes dragged. Well, you can't just automatically say I don't
want the car back. What youhave to do is if you want the

(29:15):
car be returned. And they sayno, Now you basically have a Lemon
law issue on your hands, anda lawsuit has to be filed. And
so what I'm going to suggest yougo to a Lemon law attorney. They're
out there and they're put, yeah, we don't have any on on our
website. We don't have any onhandle on the law dot com. But
there are some pretty good ones outthere, and you want what you want

(29:38):
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(30:02):
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(30:48):
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