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May 25, 2024 34 mins
Handel on the Law, Marginal Legal Replay
Mark as Played

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Available transcripts are automatically generated. Complete accuracy is not guaranteed.
This is a handle on the Lawmarginal legal advice where I tell you you
have absolutely no case and if you'rea lawyer and want to join our team
because people desperately need your help,go to handle on the Law dot com
and click on the join today tabat the top of the page. The
followings up here recorded program. Wego to Afghanistan and the Taliban. The

Taliban took over and if you rememberfirst time out, the American forces were
able to kick out the Taliban.It was a war America prevailed and instituted.
Now we have a democratic government inAfghanistan and because of the Taliban,
and this insurgency is guerrilla warfare,which is a very good at doing.

They won the war. As amatter of fact, Joe Biden got in
so much trouble about the American withdrawalin Afghanistan, and it's really one of
the main points I guess against himwhen he did run and will run for
president. So with that being said, the Taliban said they're going to be
more open, they are going toallow some kind of women's rights or when

the Taliban comes in, they're prettyfundamentalists. This is a very fundamentalist Muslim
Sharia law country in which women haveabsolutely no rights. They can't be seen
in public without that burka, theycan't be seen in public without someone there,
a man there. They cannot bealone, they cannot drive, they
certainly cannot vote. And so theTaliban said, we're not going to do

that again. We are going topull back, and they did for about
thirty seconds. So what is theTaliban just reinstituted? Women will be stoned
to death in public, and thisis the punishment for adultery. We will
flog women in public. We willthen stone them to death in public.

Now not men. For a manto be guilty of rape, there'll be
four witnesses all testifying against him,all men. Very few men rape women
in front of four other men whoare willing to testify against them in a
sure reaccurt But women, it's adifferent story. As a matter of fact,
if women get raped outside of marriage, which of course they're allowed to

be raped by their husbands, thenthey are guilty of adultery by being raped
with someone not their husband. Andguess what's going to happen. They're gonna
be stoned to death. So asthe comment the statement was issued, we
will soon implement the punishment for adultery. As I said, we will flog

women in public, we will stonethem to death. These are all against
your democracy, but we will continuedoing it. This is to the West.
We both say we defend human rightsas we do it as God's representative
and you as the devils. Letme get this right. Our version of
human rights is the devils. Theirversion of human rights is God's plan for

humanity. Stony women to death.Not a good place to be a woman,
very good place to be a man, relatively speaking. Do you know
how many in my life at home? Do you know how many yes DearS
come out of my mouth every singleday? Okay, phone call, let's

start with let me see. Ohhold on a minute, Hey Michael,
welcome to handle on the law.What can I do for you? I
handled yeah, so real quick.I was at Costco. I was going
through a crosswalk. I was inmy pickup truck. I hit one of
those dolly carts real slow. Butit was in the crosswalk, the orange

dolly cart. It spun around andit happened to hit a seventy eight year
old lady, hit her in theleg, knocked her down. She went
to the hospital, no permanent youknow, no broken bones. But she
did hire an attorney. And nowI'm freaking out because I have a lot
of equity in my house and myvehicles are paid off. Okay, well,
let me ask you this. Doyou have auto insurance? I do,

and I have a business policy becauseI have my trucks in an LLC.
But it's one hundred thousand dollars limit. That doesn't matter. She's not
going to get anywhere near that.I you know, believe me if there
are no permanent injuries like surgeries andlosing your leg, and she may not
even she may settle it just againstCostco, whodos or your insurance. They

did come after me though, likehe already has an attorney. Yah.
Yeah, they're going to turn itover to your insurance company. Turn it
over your auto insurance company because youwere in your car. Yeah, that's
it. They'll take care of it. They handle it. And then the
crosswalk doesn't amplify things at all,not really, not really even if it
does, so you're even more negligent. So your insurance policies that is going

to pay more than Costco or payall of it. They're going to figure
it's your fault. It doesn't matter. That's why you have insurance, Michael.
And they're not going she's not goingto get one hundred thousand dollars because
here's the way it works. Sothere, let's say offer. I'm going
to just throw a figure out therebecause I have no idea how serious or
injury is. So let's say theyoffer forty thousand dollars or thirty thousand dollars

or twenty thousand dollars, and itgoes that's not enough. Okay, that's
not enough. So they say,okay, so okay, we're not going
to take twenty thousand dollars. We'regoing to take you to trial and costco's
insurance by the way, or yourinsurance company, because you really have no

decision here. This is their decision, your insurance company by They decide which
way to go. And if you'vegot the plaintiff's attorney, the old lady's
attorney saying no, I want morethan that, then the your insurance company
says, fine, let's go totrial. Now, all of a sudden,
you've got a lawyer who is notwho instead of negotiating a case right

there and getting a third of itnow gets to go to trial and all
of us set and know it's noguarantee by the way, that he's going
to get anything more. You're goingto ask for a jury trial. That
the possibility of one hundred thousand dollarsor more is pretty pretty slim unless she
can show real damage. I mean, she has to show she was really

banged up. And attorney's just well, very rare when they go to trial.
These things don't end up in trialbecause just too much work and there's
no guarantee on the other side.So now do you have to worry about
her going after you, Well,if the insurance company settles, if the
attorney on the other side takes thesettlement, well for her to cash that

check from your insurance company, shehas to sign I'm done. That's right,
Michael is finished. I have shedeems. Let's say she you know,
she's seventy eight years old. Itwas in a crosswalk. I was
found at one hundred percent fault.So if her attorney sees me as a
big juicy cherry because I have youknow my house is paid off, no

no, no, no, no, no, he's not gonna because he's
not looking at someone who lost aleg. He's not looking at someone where
there is some serious, serious damage. And then I would tell you,
you know, if you're looking atsomeone who has permanent damage and she's not
gonna be able to walk again,I'm gonna go yeah, yeah, you

yeah. The insurance company will certainlytry to deal with it, or if
they don't settle, which the guyI want, they have to represent you.
The insurance company, they're going tocourt. So at least you have
at least you have an attorney thatyou don't have to pay for. And
then what happens after that, Butyour chances are as soon as you said
it hit the elderly woman. Ofcourse she was banged up, but no
permanent injuries. I will tell youthat the lawsuit talks about how she'll never

be able to walk again, sohow every time she sees a costco she
gets hysterical, she'll never sep again. Emotional damage that I mean just goes
on and on. Yeah, that'sthe way they write us. That's the
way they write and that's just partof the negotiation. That's the negotiation as
part of the lawsuit. Because noone buys that crap. No one buys
that crap, she's hysterical and we'llnever sleep again. Okay, let's have

you go to a shrink and saythat, and then what happens is your
insurance company then sends her to theirshrink who says exactly the opposite and says
no, no, She claims sheis never going to be able to sleep
again. But that's crap o.You see, it's it's not that easy.
I think you're gonna be okay inthe end, and so we'll get

don't don't. Is there any liabilityon Costco with their caybe it was one
of those four Maybe I'll tell youone thing. Costco's gonna get involved in
the negotiation. I just gave youa worst case Canario scenario where you are
all responseful. Yeah no, that'sworst case. Now you got Costco involved
in part of the negligence. Letme throw a curveball at you. I

have a dashcam of the video ofit happening, and they're saying I ran
the stop sign, but I didn't. I have it on dash camp.
I want to help the evidence.Okay, Well, they're going to get
the evidence because if it goes they'llbe discovery. But if they're saying that,
and it turns out not to betrue. It really is no harm,
no foul, that's not brought in. They just dropped that allegation.
But no one knows that I have. So it's still crosswalk most of the

pedestrian, you know, after Yeah, right, doesn't matter, right,
but it helps in the negotiation,it really does. You've got insurance company,
so you think I should show thembecause no one knows I have that
video? Yeah, you sell yourinsurance company. I don't think there's anything
wrong with that because that's part ofyour defense. Yeah, yeah, sure,
why not. I was going sevenmiles an hour when it happened,
so it looked, you know,I was probably going to roll through that

sign. You know, all ofthat is incidental. That is all in
the nutia. Just have your insurancecompany handle it and you'll be fine.
This is handle on the law.Mark, let's go back to you.
Welcome to handle on the law.Okay. So I had inherited a rental
property from my mother in the cityof Los Angeles when she was alive.

She allowed this poor immigrant person tomove into one of the units at basically
a third of market value. Well, she passed away. He continued living
there, moved out, let afriend move in at the same rate,
And I'm wondering since there was neverany leases. Okay, can I do

any get it? Can you doanything about it? All right? When
friend moved in at the same rate, did your mom accept the rent at
the same rate that the previous tenantwas in she had already passed? Oh
oh, oh, oh, okay, hold on a minute, Hold on.
So you're telling me that you nowown the property. Okay, it's

in your name, which is notabsolutely critical, but it helps. It's
in your name. You have atenant that's paying you a third. Let
me get this right, a thirdof market rent and someone moves in,
tenant leaves and you did not acceptthe new rent. Is that correct?

No, that's not correct. Okaydid you take did you take the new
rent from the new tenant? Yes? And you cash the check? Yes,
Okay, that is his rent.That's the rent because you accepted it.
You accepted someone else moving in.You accepted the rent. Therefore,
he is a tenant at the pricethat you accepted. So the quick answer,

in terms of can you raise therent, quick answer no. The
long answer is no. All youcan do because it is rent controlled,
is to raise it whatever. TheCity of Los Angeles under its rent control
ordinance allows you to do three percentpercent, So you're kind of you're kind

of screwed on that one. Okay, So having accepting the rent, accepting
that rent check, Yeah, no, it's not. At least it's a
month to month tendancy. And inplaces that you're not allowed where you they
don't have rent control, you canraise it. Let's say it's an unincorporated
area of Los Angeles which doesn't haverent control, or if you're a city

within Southern California northern California that doesn'thave rent control. Under California law,
you're limited to ten percent under ifthere is first time of we live in
Nevada and this happens, you cantriple the rent overnight. Hey, by
the way, I'll give you thirtydays notice whatever the law allows you to
say, and your rent is goingto go from one thousand dollars a month

to three thousand dollars a month becausethat is market rate. Congratulations, But
no, you're stuck at the ordinanceof Los Angeles because you accepted that.
You understood. Yeah, isn't thathorrible? By the way, how much
are you getting? About six hundred? Yeah, I will tell you this

guy is. If I were him, I would never ever move. If
he asked you for a new paintjob, you go go pound sand,
paint it yourself. If he askedyou to replace the carpet, you say,
go pound sand, You replace ityourself. You do nothing. Now.
If the water heater breaks, yeahyou got to do something. If

the carpet is so torn up thatit becomes a danger, yeah you've got
to do something. But short ofthat, yeah, you're kind of screwed.
Yeah you have no case. Allright. Yeah, Robin has been
up there for a while. AndRobin, this is a mercy strip because
you know you're going to ask aridiculoustening, stupid question, what can I
do for you? I need tobuy some how to deal with a car

repair place that's jerking me around.I took my car to a local repair
shop that I thought was highly recommendedand had a good reputation. They've had
my car since mid September. WhenI took my car to them, I
told him my priority was to havethe work done right and that there was
no rush since I have another car. I can drive. Well, it's
being repaired. They told me thatI would have my car back by Thanksgiving

time frame. I hadn't heard anythingby Thanksgiving, so I called them.
They told me hopefully by the endof the year. That too, also
came and went. The business ownerhas repeatedly told me he would carry you
with updates on got it? Gotit? So, and the car has
not been repaired yet. I'm assuming, right, Robin, they still have
it. Okay, fair enough.Now, do you have a written document

that gives an approximation of what they'regoing to do, how long it's going
to well, not even how longit's going to take, because you said
no rush, So that's open interpretation. No rush to me is well,
well before several months. No rushto me means a few weeks. But
it depends on what a judge wouldsay. So did you get a pos

to speak? Did you get anykind of an estimate as to how much
it was gonna cost? Only verballyover the phone? Yeah, that doesn't
help me. Yeah, that doesn'thelp you. All right, So you
demand the return of the car.That's all there is to it. You
say I want my car back,and it's because you add another vehicle and
you said, no rush, probablyno harm, no foul. Legally get
your car and just take it somewhereelse. And if it's a question of

you have to if the car isn'tdriveable and you have to toe it,
whatever those expenses are, you cansue the previous car repair shop. But
there isn't much there. You geteverything in writing. When I get my
car, when I get my carrepaired, boy, I'll tell you.
I go to the dealership because Iwant I want someone that I want to

go back to in case something goeswrong. I pay more money than taking
it to an independent car repair shop, granted, but I want that kind
of backup. And there it is. Here's what we're gonna do, abc
D. This is the approximate cost. If it goes ten percent more than
that, we have to call you. And if there's any additional work that

we find that has to be done, we will call you and ask your
permission. And that stuff is recorded, by the way, so you can
do it verbally, but it's allrecorded, so you don't have much.
There's not much there except asking foryour car back and taking into another car
repair facility. Okay, well,what about the sixty six hundred dollars.
I've paid them so far, andwell, you don't know what kind of

damage. You don't know what kindof repairs they did. Okay, if
you already paid them sixty six hundreddollars, that blows my answer wide open.
And now you get to find outdid you need sixty six hundred dollars
If they did fix it and theyreturn it to you again, you had
another car, So you're not outreally, you're not out expenses except maybe
the gas, mileage, wear andtear on this car. I mean you

can that's sort of nickel and diming. If I'm the judge, I'm going
to toss that one out. Imean, even though they're damages. So
do they say what they did forsixty six hundred dollars? The motor was
blown in and it was a freshlyrebuilt motor. Okay, it was built
by an engine Okay, fair enough. Did they tell you what was going
to cost six sixty six hundred dollars? Yeah, they gave me. Okay,

so all you have is all youhave is they're too late in delivering
it. So demand that they doit, or and then tell them you're
in small claims court next week,and do it in writing. Do it
in writing, never ever do itjust verbally over the phone. Send an
email. That's easy enough for atext. This is Handle on the Law,

Max. Hello, Max, Welcometo Handle on the Law. Hi.
The issue is is that I workat a children's hospital and I've been
making disclosures to my boss regarding patientsafety and care and violations of the law
as such, a lot of myconversations with my boss are done over zoom
when I am working for from home, and I have a set of roommates

who have heard these conversations and disclosuresto my boss. When I went to
HR, they said, can youprove that your boss said A, B
and C. Now, I didrecord the meeting for my own notes.
That is not admissible. I knowthat. But my roommates did hear the
conversation When I was on the zoomin my room. They were off to

the side listening and could hear CanI use them as witnesses? No,
because that's hearsay too. That's hearsay, and you're not someone hears someone say
something and is not the witness incourt. Is not a part of the
court. Is part of the proceedings. No, it's it's by the way,
let me it's not. You can'tput it in because it's hearsay.

But let me ask you this,why even consider court court, who's going
to sue who? On this one? You sound like a whistleblower And and
you say that you have in factcomplained h Now was any of this done
an email? Was any of thisdone in writing? Yes? Okay,

there, that's admissible. All right. The people at HR that you can
that you talk to specifically, that'sadmissible. Say I talked to that person
in HR. Now that person inHR can say, oh, I never
heard it, protecting the company,protecting the UH, the administration. But

here's the emails that I sent.Are you going to refute those? Are
you going to say that he didn'tsend that? Max didn't send the emails?
So you want to take a whistleblowerattitude towards this uh. And if
it's a big deal, by theway, there, if it costs money,
if they're recovering of money, ofcourse you're going to get a good

a good chunk of it. Evenif there's a huge fine, you're going
to get a chunk of it.But don't worry about court at this point.
You know, it's this at thispoint is administrative. By the way,
what a couple of questions. I'mnot going to ask you what hospitals
specifically, because we're both going toget sued if it turns out you're making
this up. What exactly was itthat they did or didn't do in terms
that you're not going to get nailed. They were a person who has no

clinical background, is just a hospitaladministrator for various support services, was making
decisions that only a clinician can make, and those decisions ended up endangering patients.
Okay, was anybody hurt It's abig no, no, no,
no, I understand. Was anybodyhurt as a result of it? Yes,

there were. There was a childthat suffered injuries. Okay that those
people have a hell of a lawsuit. And yeah, yeah, not necessarily
you you're a whistle blower. Butthe people that were injured. It was
the kid that was injured that absolutelydoes have a case. So the bottom
line, now, no, someonehearing something that someone else said, uh

no, does doesn't that work?Does not work that way? O Egg,
Hello Olegg, welcome to handle onthe laws. Uh I was I
was driving in upstate New York andI on the stop side, which caused

accident and death of my passengers.Okay, hold on, what what what
happened at the stop sign? Oldegg? Tell me? You just say
I was at a stop sign andit caused the death. What does that
mean? Uh, I do notstop on the stop sign and I keep
driving. You okay, you bleue. Okay, you blew through a stop

sign, is what you're saying.That is? Okay, got it?
All right now? Uh all right, So tell me what happens after that
someone dies. That's a tough one. Yeah, like, okay, your
passenger. Okay, yes, SoI was okay basically, and I plead

guilty and that my fine. Andnow I receive a laughter from a state.
It's going to be hearing. Andmy sixth section five ten five three.
Yeah, I don't know what thatis in New York section five to
ten, parts three, no ideawhat that means? Say to join in
whatever moist exigent report was killed byrespondent and whatever was the name of responding

to the station license. Okay,all right, so you're told, okay,
so you're told to respond to thestation at the station. So Therefore,
you're not talking to the city attorney, or you're not talking to the
age, you're not talking to thedistrict attorney, you're not talking to anybody
other than the police at that point. Now, yeah you okay, Now

you killed someone. Effectively, you'rebeing held you're to blame for killing someone
by blaming through the stoplight. Okay, let's start with number one. Did
you like the person that you killed? It was my mos Okay, so
I'm assuming you liked your mother?Is that fair? Yes? Okay?
How how old was your How oldwas your mom when she died in that

traffic as accident? Two months shortof ninety s She's lived long enough.
Okay. Uh. So uh,what they're doing is they're simply doing,
uh effectively, a questioning about whathappened, whether it blowing through the stop
sign was an accident, which itsounds like it is ole egg. Uh

the way you describe it, itsounds like it was an accident. Blowing
through a stop line a stop signis not a criminal violation unless you're going
through it at speed, unless you'regoing through it, for example, texting,
which is a violation in and ofitself. And then you add to
that an accident. If I wereyou, I would bring a lawyer.

I would bring a lawyer. Lawyer, Yeah, because you may say the
wrong thing, and a criminal casecan go forward based on what you say
at that investigation, that hearing,if you will, even though it's not
a formal hearing of any kind.Yeah, you bring a lawyer. So
what's your question? And the knowledgeis my license doesn't be suspended? Oh

yeah, probably? Well yeah,boy, that's there. It is I
killed someone and my license is goingto be suspended. You're my kind of
guy, like I like this asmy license is going to be suspended.
How about you killing your mom?Is that a problem? No, that's
not a problem. I'm guessing yes, your license is going to be suspended
because when you're talking about a movingviolation that causes that causes injury, in

this case, causes death. Yeah, you're probably gonna be suspended. You're
also going to get sued beyond anythingyou imagine. Do you have do you
have accident insurance? Yeah? Okay, Well they're gonna write, Uh well,
it's interesting because are you the onlyperson who is connected to your mom?
Are you the only sibling? Areyou the only child? Uh?

No, Okay, your sister cango after you for wrongful death. Your
sister can go out. She's goingto insurance. Okay, she's gonna get
She's probably gonna get the maximum.She's gonna get the maximum on insurance because
and that's it, not more.She gonna file for wrongful wrongful death.
Will find out if your insurance coversthat. I don't know, but you

get to find that out. Butthe important one. Don't worry about the
insurance part. And because and bythe way, even if insurance doesn't cover
it, how much money do youhave olig what kind of assets do you
in my as? Yeah, whatkind of money? You have? A
couple hundred? All right, Well, they can go after you for the

balance of that. But I think, yeah, I you know, you're
right. I would be very concernedwhether your license is going to be suspended
or not. You killed somebody,eh, you know, not the end
of the world. I like this. I like it. Yep. No
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is handle on the law Steve.Hello, Steve, Welcome to the show.
Yes, sir, I'm horrible,but go ahead. Okay, This
this girl, this lady elderly ladypulled out of an Arco station in the
car about five hundred feet down theroad, slammed into her about thirty miles

an hour driver's site, and shedidn't want to go in front of him
because he was driving erratically. Ibelieve he was on her cell phone.
He'd even see her. It didn'tchange the lanes. But the whole thing
is they told her, Progressive toldher it was her fault. Yeah.
Yeah, I can see why theydid that because as a general rule,

anybody who pulls out into traffic isit fault. I mean, that's the
way the law works. However,I tell you, she can argue with
the insurance company and say, hey, wait a minute, this was five
hundred feet down the road. Hecould have stopped. What I saw was

erratic driving, and he was onhis cell phone. She had to have
seen it. And then you seewhat the insurance company has to say.
Is it anything other than her wordas to that's what happened. Well,
there was a witness of the backseat. But basically he's very believable.
This woman, she's extremely up.Okay, well that helps, that helps,

and the witness is going to confirmwhat ended up happening, correct in
a court. I spoke to him. He's a kid and he's just he
just went along one. How oldis he a kid? How old a
kid is he? Twenty three?That's geez, Steve. How old are
you eighty eighty? Yeah, well, anybody who's seventy two is a kid

to you. Okay, yeah,okay. So you have a twenty two
year old man, young man whosaw it, but he is either related
or a friend of the driver thewoman who pulled out of the arco right,
yeah, yeah, yeah, yeah, okay, all right, So
I don't know how much credibility he'sgoing to have. So the bottom line

is you argue with your insurance companyand you simply tell the insurance company,
no, you're not going to holdme responsible. I was not at fault
at all. It wouldn't change theirmind. No, that was the next
thing I was going to tell you. Be prepared for them to say no,
which quite often happens. That happenedto my daughter. She pulled out

and someone actually changed lanes and hither, and the insurance company said no,
it doesn't matter, except that therewere enough witnesses and we could tell.
And it was at a street corner. And so we got the insurance
company to change their mind. That'spretty rare. So she's going to get
tabbed. There's nothing she can do. There's nothing she can do. Her
insurance company is going to view itas an at fault accident, pay off

the driver to whatever extent were injuriesasked for personal injuries that part of the
plane, the other driver. Itdoesn't matter if she was injured or not.
You know, nobody cares. Thatdoesn't help her case. She just
goes to the doctor or whatever happened. She is. Part of her policy
is medical bills for her. Sothe fact that she was it doesn't matter.

It doesn't matter, It doesn't matter. That part doesn't matter. It's
the other side, the person thathit her. Did the other side claim
personal injury? No, okay,then it's gonna be an accident, her
fault with no injury. They're goingto pay off the driver. She is
going to be tagged with an atfault accident. Yes, And there's not

a damn thing she can do aboutit. Now, if that's her first
time laws, I filed the lawsuitfor her. She okay, So she
filed the lawsuit against him, andif she wants the insurance company to pay
up. She goes ahead and justsits back, or if she filed the
lawsuit, she's telling her insurance company, I'm not interested in you covering my

more, I'm not interesting you coveringme. Insurance is out the window.
All I'm gonna do is sue them. He's going to turn around and sue
her, and he is going towin. But he hasn't sued her yet.
Well, well, when she sueshim, she already sued him.
Yes, okay, so she issuing him when she is legally considered at

fault. Okay, brilliant move.Brilliant as opposed to just letting her insurance
company take care of it. Here, this is why I paid for insurance.
Why does she have insurance anyway?Yes? Is she's suing people when
she's at fault. Why does sheeven have insurance? So she has no
case at all? That's correct,she has no case and she's an idiot

for suing him. Did you recommendher to sue him? Helped her?
Yeah, you're an idiot too.Well, yeah, get a legal show.
Yeah, get a legal show.It'll be actually, if possible,
it'll be worse than mine. Isthat possible. No, No, not
really. All right, before wetake a break, let me tell you

about your breath. It's horrible.I mean I can tell you right now.
We eat the foods we eat.Bad breath comes from the gut and
it just happens, and people don'ttell you because they're embarrassed for some crazy
saying. You know, I haveno problem saying, hey, your breath
stinks. Here's here's a Zelman's mint. And this is about Zelman's minty mouth
mints. Not just a mint.It's not just a breath mint. It
is really a breath fresher, atiny little capsule that you swallow. You

can also bite into them, andit's mint on the outside that takes care
of your mouth breath. And thenyou swallow it and it's a parsley seed
oil on the inside. And thenit really gets to work, because,
as I said, a lot ofbad breath starts in your gut. You
pop two or three in your mouth, and boy, that does that?
Does it? Zelman's fights bad breathin a way other mints cannot. Money

back guarantee. I've never seen anybodyuse that. If you order three packs
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