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May 25, 2024 32 mins
Handel on the Law, Marginal Legal Replay
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(00:00):
This is a handle on the Lawmarginal Legal Advice where I tell you you
have absolutely no case. And ifyou're a 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 todaytab at the top of the page.
The followings will be recorded. Programlawsuits get filed constantly. Matter of fact,

(00:25):
this country is the lawsuit litigation capitalof the world, and Southern California
is the sort of poster child ofour legal system in terms of lawsuits for
the country. This lawsuit happens tobe up in Fresno, California. Fresno
small town sort of what maybe ninetyone hundred miles away from Los Angeles,

(00:50):
and they have a minor league teamaffiliated with the Rockies, the Fresno Grizzlies.
And of course, so lawsuit wentin doubt file a lawawsuit, and
this one is the discrimination lawsuit overa Ladies' Night promotion that happened last season.
And this lawsuit was filed against theteam last week. And here is

(01:11):
the argument, a discrimination lawsuit becausefemale fans were allowed into the ballpark ballpark
for free, and therefore ladies werefree men had to pay, and the
lawsuit reads that female fans allowed intothe ballpark for free, while men and

(01:32):
nine non or non binary persons.God does that tell you where we're at
today? Men and nine non binarypersons had to pay to get into Chakazini
Park. No Chaikanzi Park? Okay, fine? Why not? Harry Krouch,
the male plaintiff, said he paideighteen bucks to get into the stadium

(01:56):
while his guest or the person itwas with, female Christine Johnson, was
able to get into the game forfree. You think that'd be a good
thing, right, but one anddoubt file lawsuit. So here is the
statement made by the plaintiff, thatis, Harry Crouch's attorney. The Fresno
Grizzlies ill conceived Ladies' Night promotion seeminglysexualized female fans by treating them as little

(02:23):
more than sexual bait in order toattract men to buy tickets to the game.
I guess the Grizzlies are that bad. In doing so, the Grizzlies
male dominated front office managed to pulloff a rare trifecta of sex discrimination,
misogyny, exor sexism. I hadno idea what that is, and miss

(02:44):
Sandry. Don't know what that isall at once. By treating I got
this female non binary and male fansunequally based on their gender. Therefore,
it is in violation of the UNAct, which says that the law provides
protection from discrimination by all business establishmentsin California housing public accommodation because of age,

(03:09):
ancestry, color, disability, nationalorigin, race, religion, sex,
and sexual orientation. By the way, the Grizzlies won that game over
the Stockton Ports ten to two,so we'll see what happens. My guess
is ladies Night is going to beeliminated. Now that's it. How about

(03:32):
kids get in free? Is thatdiscrimination? Who the hell knows? I
mean, just tremendous, isn't it? All? Right? Gail? Hello,
Gail, welcome? What can Ido for you? The Marine bill.
I share a six foot tall brickwall with my neighbor, and twenty

(03:54):
years ago my dad, who livedwith me in the home, built a
lattice work type fencing on top ofthe brick wall. Since then, too
fast forward twenty years, nothing's beendone with it. It's all dilapidated,
it's half hanging down, and I'mgetting tired of looking at it, so

(04:18):
I want to. I don't particularlylike these neighbors. So I was wondering
if I could just make out aletter asking them if either they could take
this down or I could take thisdown that I want to get rid of
it. Yeah, yeah, no, of course you can write a letter.

(04:38):
I mean that's so that doesn't stopyou, and you're nice, say
hey, would you please take thisdown? You can do that. It's
a wooden lattice, is that whatyou're saying? It's white plastic. It
looks like wood, but it's notwood. Gee, I was going to
say next, I was going toask you for this. Would do you
have a barbecue near it? Anda grill? And then accidents do happen?

(05:01):
Okay, so a couple of things. Do you know which side of
the fence line or which side ofthe line that delineates between the two the
boundary line? Do you know whichside of the boundary line that way was
on? The brick wall is exactlydown the middle of the Okay? Got
it? So? All right?Fair enough, So you got to down

(05:21):
the middle part. And so isthe lad work down the middle on top?
Yeah? No, I get that. So now I'm thinking, because
it's half yours. Can you takeit down and just do it arbitrarily and
they sue you? I don't knowwhat they sue you for what? And
the other thing you can do issimply call the city uh and find out

(05:44):
because there's a six foot cap thatmost cities have, you can't go above
six feet, or you can't gobelow six feet. You're gonna put a
fence up there. It has tobe exactly at six feet. And if
that is if if it's a sixfoot wall, as you said, and
lattice works on top of that,that may be in violation of city ordinance.
And if that's that's the case,you take it down and there's not

(06:05):
a damn thing they can do.Okay, what are they gonna do?
Sue you because you've took down anill legal fence that is on your property
half on your property? So well, the corkery is my my dad actually,
who has a carpenter built that latticework. You still take it down.

(06:26):
It doesn't matter really who built it. It would be easier if they
put it up, but okay,we built it, We're taking it down.
I don't know what they're gonna sueyou for. And you're gonna just
get neighbors that are more pissed offat you. If it is, in
fact in violation of the ordinance,you're totally home free. And the shame
of it is if it ignites,it's only gonna melt. I mean,

(06:46):
it could have been a nice bonfirethat you that happened by accident, if
you know what I mean. Sothat's there's the answer, okay, Edward,
Hello, Edward, welcome, Hey, good morning bo A. Yes,
sir, I have two I havetwo issues. I drive for a
T and C company and they're doingwage stift and price scouging. Yeah,

(07:10):
you talking about what Uber left otherdrive share companies. Okay, you don't
have to tell me which one isstealing money from you, But how about
all of them? That's the allegationof it. Okay, So what's your
question. Well, the allegation ison the on the wage step portion.
They will charge a passenger a promotioncharge or they call it a fee,

(07:35):
a promotion fee. I've benwhere betweenand sixty percent of the customers that when
I checked when we swapped receipts becomemy passengers and mess up. And then
you'll see that they'll charge them andthey're between six to fifteen dollars and they
call it a a promotion. Okay, all right, So I don't know

(07:58):
any other store, Like what ifI go through McDonald's, they don't charge
me a promotion. It doesn't matter. They can charge anything they want.
They can charge anything they want,and they can pay you any commission they
want. What they can't do ismisrepresent They can't lie about it. They
can't say we don't charge it.They can do whatever. For example,

(08:20):
McDonald's runs a promotion. Okay,so they run a promotion, but Burger
King doesn't. Okay, it's aprivate company. Well it's actually a public
company, but it's a private enterprise. So don't try for them, just
don't drive for them. And youmay want to find out is somehow maybe
they're violating the law anti trust situation. All you do is go on the

(08:41):
internet and you put in their name, and you put in lawsuit, you
put in class action lawsuit, andsee if there's anything there, and maybe
some law firm picked it up becausethere is some technical violation, because there
are lawsuits that would love to goafter these companies for being you know,
quarter of a cent off or halfan inch off with an a DA requirement,

(09:05):
which is not the case in yoursituation. So that's it. They
can do it. Well, thenwhat about the issue of price s galging
uninsurance? What is price gouging?They can charge you whatever they want,
they can pay you whatever they want. They have to pay your minimum wage
unless they're arguing that you're an independentcontractor, which they've won already. Then

(09:26):
don't dry for them. If they'reprice gouging, if they're not paying you
enough money, go great, I'lldrive someplace else. Or if all of
them do it, then that's whatthey do. And anyway, ask you
what what's price gouging? They're notpaying you enough? No? There on
the insurance portion is they will idemizeeverything on your receipt. Okay, the

(09:48):
insurance section they don't. They don't, they don't break Okay, they don't
have to. Okay, So theyitemize A, but they don't itemize B.
So I don't know where you're goingwith that. I really don't.
This is handle on the law.Andy, welcome to handle on the law.
Hi, Bill. Yes, I'vegot a question regarding manufacturers. I've

(10:11):
got a computer parts manufacturer that Ihave a part that's under warranty and they
want me to pay their shipping backto them. They see, they'll fix
it or whatever, replace it,but then they'll send it back to me.
But it was my understanding that thatis covered, that should be covered
under some law in California or thereisn't there is at any law. No,
they have every right to say we'llfix it. If there's a warranty,

(10:35):
they have to fix it. Ifthere is any language in the warranty
saying they will pay for shipment,they have to honor that. But if
it is silent on the shipping part, no, they don't have to do
it at all. That's just somethingthey do. Okay, Yeah, we
expect it now because Amazon, andthat's simply yeah. But it's simply an

(10:58):
expectation, like we expect three percentinterest rates. You know, we've lived
with that for so long. Wego, Okay, that's what it is.
No, it's not. It's nowwe're talking about mortgage rates. So
the big answer is uh, nope, Bell, Hello, Bell, Welcome
to the show. Hello. Yeah, yeah, uh the topic is for

(11:22):
security deposit and I need to talktake them to small court claim. Okay,
Okay, hold on security deposit.So explain who you are, who
paid the security deposit, who itwent to when it happened. Okay,
I paid the security to the positsoa and a half years ago, okay,

(11:43):
rent and rent yeah, okay.And the owner of this the honor
of apartment, she doesn't live thereanymore. And when I deal with the
security security deposit, I deal withthe management uh apartment. The management there
is a company managed the apartment,okay. And after that, I don't

(12:05):
know. I have her name andeverything. When I researched it, I
found out you have a trust forthe apartment under somebody else's name, but
her name is mentioned. Okay,does she still bell? Does she still
own the apartment? It looks likeyeah. But because when I went into
property attack, it was under trust, so I don't know. So your

(12:30):
question is who are you moving out? And are you moving out? Then?
Yeah, I didn't move out,went over a month now, okay.
And they didn't give you, Theydidn't give you an account. You
didn't get an accounting from anybody.You just moved out. Is that correct?
Uh? No? Okay, what'shappened is I fat I lived,

(12:50):
I moved out and now almost sevendays past twenty one days. A couple
of days ago. I sent thema notice that I'm going to take it
up to cod if did you notpay me my deposit back? Okay?
Hang on, so you did youmove out? Did you pay the rent
until the day you moved out?Yes? Okay, all right, So

(13:11):
you send them a notice, soyou're taking them all right? Then do
what's your question? My question isthe management. You're the only one to
know who is the owner where sheis? Okay, but you know that's
that's that's a croc. But they'reprobably not gonna tell you. All right.
If you know who the owner isthe trust, you can sue the

(13:31):
owner of the property for your depositback. And you sue them, and
you serve the management company. Youserve the management company. And if you
file the lawsuit against the owner,Yeah, what I did? I send
a letter to them to the managementtold them you passed it one too one
days and I rolled Yeah, okay, so what all right? So what

(13:56):
sew them? Anyway? So yousue the owner? But if I show
the owner, I can't find whereIf I win, I don't know how
I'm gonna get the money. Yousue. That's a problem. That's a
problem because once you get a judgmentwhat you're going to get, probably because
they owe you the scary deposit back, then you have to track down where

(14:16):
you're gonna get the money if theydon't have the money. You see,
both the owner of the property,the trust and anybody else involved, the
lady that you know owns the property, and you'll get a judgment and then
you have to then you have totrack down the money. They're not just
right you a check, but shealso is going to have a judgment on

(14:41):
her record. Uh, and that'sscrewed. There's nothing like having a judgment
on your on your credit report.And if she doesn't care, she doesn't
care. But the management involved withtoo, because no, the management is
not involved. They have nothing todo with a scary deposit. They just
manage the property. Yeah, butthey're the one came in and told me

(15:05):
in ten days, I'm gonna returnto my security. Okay, they told
you return. So the owner isnot doing it. Okay. But as
I say again, I don't knowyou. Okay, now what I told
you, I don't know. Ijust told you nice talking to you.
It's a real pleasure. I wasjust talking about the credit reports, and

(15:30):
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crimes, and it happens to youin the dark. Someone uses your name
information online. You don't even knowthat it's happening. You know when you
find out when your credit card isthe bill shows up with all these bogus
charges and it affects your credit.Cybercrime, identity theft effect affect our daily

(15:52):
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(16:17):
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(16:41):
your promo code twenty five percent offLifeLock dot Com promo code handle LifeLock dot
Com promo code handle. This ishandle on the lot Stern. Hello Stern.
How's it going? Bill? Listen? I'm gonna get right to it.
I'm having to just be the roadsiderescue company. Uh triple triple alphabet.

(17:04):
You figured it out anyway, Longstory short, My strange wife she
did something very strange. She webroke up. She's changed my address.
I didn't move. She left theservice itself. She put her step my
step former sub god on it,and she ran the thing up past the
limit. They thought one hundred dollarssituation. I didn't even know what existed.

(17:29):
I contacted them for another issue andI found out I still had an
existing triple A situation. All right, So you used to have open tought?
Yeah, I got it, Igot it. I got it.
How much money do they say youowe? It's Teddy, It's Teddy chance
one hundred bucks. Here's a kicker. I put them in contact with my
strange wife. She made an agreementto give it to them. She reneged

(17:49):
on it, and now they're comingafter me. That doesn't matter, It
doesn't matter. All you care aboutis your name owing one hundred dollars.
Well, the first thing you do, of course, is you remove your
name from the triple A card andput your own name on a separate card.
And you say I did that.Now the issue is how far do

(18:11):
you want to go to? Uh, they're saying you owe the bill.
You're saying you're not. So whatdo they do? They toss your card?
I mean one hundred dollars? Ishow much is that worth? You're
not talking one thousand dollars and you'renot talking about three dollars where, of
course you know you don't pay attention. They want to put something on my

(18:33):
credit? Right, is it worth? Okay, let's talk about that.
Is it worth one hundred dollars toscrew up your credit? Or you just
pay it? Suck it up andpay it? What do you think?
Right? I'm gonna pay it?But do I have Can I go after
them? Because they no? Notafter that? No? No, theoretically
you can go after your ex wifefor one hundred bucks. It's gonna cost

(18:55):
you almost one hundred dollars to goto small claims cartright, and then you
have to show up and you're gonnaspend half a day in small claims court,
right right? Yeah, show thatwhat you do? You know what
you may? You may be right, by the way, stern. I'm
not arguing you're not right, Butat what point do you just suck it
up and say it is not worthit? That's where you're at, So

(19:18):
go figure, Jim, Hello,Jim, welcome. What can I do
for you? Hi? Bill,I'm an idiot. It's a very very
good start. Okay, so let'smove on. Okay. A neighbors sold
their house last summer. New neighborbought the house at major renovations. We
have a shared boundary brick wall.He needed access to his garage wall,

(19:42):
and the space between the brick walland his garage wall was only a foot
and a half. I gave himpermission to take that brick wall down to
maintain his garage wall. The partwhere I screwed up was I did not
tell him to put it back up. We never discuss is he obligated to
put that brick wall back? Youknow, I don't know because he took

(20:10):
it down and you agreed. No, if you didn't agree that it goes
back up, I don't know whereyou're gonna go with that. Uh,
let me ask this. Do youdo you want that? You want it
back up? Correct? Right?I did? I gave him an option
of vinyl, and the vinyl materialwould be around six hundred. He offered

(20:30):
five hundred, but that would notinclude the labor. Take it. Well,
how much is it going to costyou? Because well, let me
put it this way, including everything, what are you going to be out
of pocket? Probably five hundred,six hundred dollars. Okay, here we
go, same question. I'm goingto ask you. Do you go for
it, spend five six hundred dollarsor do you end up in and I

(20:52):
don't even know the answer or smallclaims court? Because here's his defense.
You sue him because you want thewall back. He says, you gave
me permission to do it, therefore, and we never said anything about putting
it back up. And I'm perfectlyhappy having no wall there. And then
you get to find out if there'sa city ordinance regarding that, and you
call the city and you talk tobuilding in Safety or whatever and you lay

(21:15):
it out and go is tell mewhat the ordinance is. If you take
it back, you have to putit back up. And if you have
to put it back up, thenyou take We got to split it fifty
to fifty. We have no choice. And if he says no, well
then you have a small claim suitagainst him. I mean, do you
just suck it up? I don'tknow, do you already? What would

(21:36):
be the cost? Total of thecost I would probably ask me about twelve
hundred per vinyl brick would be muchmore expensive, okay, so you if
you split the cost, it wouldbe six hundred bucks each, right,
yeah, pretty much? Okay,And he's offering to pay for basically half.
He's saying, I'll give you fivehundred dollars, So you're going to

(21:56):
be out one hundred bucks. That'sright, Get up? Not worth it?
Not worth it, absolutely not worthit, whether you're right or not.
At some point you do you needa pissed off neighbor for one hundred
bucks? Well, in my case, I want to pissed off neighbor for
free. But still, tone isthat tony or tone? Yes? Tony?

(22:21):
Oh t O n E it's tO N I e oh got it.
It was just all right put upthere wrong? Okay. So I
live in California and I inherit tothe vehicle from my aunt this year had
to do a Star Station smog onit, so they had to inspect the
you know, the full vehicle uponfine find doing that inspection, they found

(22:45):
that it was an unapproved California aftermarketcatlet converter system on it. Would you
put it in? Did you putthat in? No? I'm gonna tell
you where it came from the dealershipback in May of twenty two. Had
an auto shop put that part in. Oh okay. My question is are
they liable for probably proved? Yeah? Yeah? Probably yeah? And then

(23:08):
how I go about doing that?You're soon in small claims court. You
say you put it in, Iinherited, you know, and they're going
to say our contract wasn't with you, it's with your dead relative and you
probably yeah, you can probably suethem, but you know, I don't
know. The argument is is wehave nothing to do with you right now,

(23:30):
So how much is it going tocost you? Okay, let me
make it easy for you. Letme go back and redo what I just
said. What is it going tocost you to bring it up to park
over three thousand dollars. WHOA,Well, you inherited a car that you
get to pay three thousand dollars forbasically how much does the car work?
You know, I'm not sure thatit's a twenty two thousand and three Landover.

(23:53):
Well, so you inherit Basically,you inherited a car that you have
to do three thousand dollars worth repairto be able to register it. And
then you get to figure it outbecause I don't think you have a contract
with with that dealership or that repair. It wasn't with you. You just
you inherited, and it would havebeen the other way. So let me

(24:15):
ask you, when did you inheritit? For example, last year?
Last time? Oh it's yeah,the small UH smog report is what every
three years? Every I don't evenknow, Yeah, it's every two years.
Okay, Well, then you gota car that is worth three thousand
dollars less, and then you getto figure out whether it's worth it or
not. I'm not a big fanof land Rovers anyways. I find them

(24:37):
hideously expensive to maintain. Yeah,so you know what, you so pretend
you didn't inherit the car, wereyou able to were you were able to
register it in your name? Idid, I'd be okay. You got
to figure out you got to figureout number one, is it worth it?

(24:57):
Is it worth three thousand? What'sthe repair cost, what's worth for
salvage? And then you deal withit. I mean, there's not much
more you can do. Can yousue they did the aftermarket? But sure?
Now if you inherited, can yousue a that they did a bad
job? Except it's not you thatordered the job. There's no contract between

(25:22):
them and you. So you know, frankly, I don't think so.
I may be wrong. Matter offact, I'm probably wrong. But then
that's what this show is about,is me giving you a legal advice is
probably ninety percent wrong and it's marginal. But hey, we have a good
time, don't we. This isHandle on the Law. William, easy
name to remember. Welcome to Handleon the Law. What can I do

(25:45):
for you? Good morning, sir? Thank you? So yeah, thank
you. Myself and about a couplehundred of my fellow employees. We're laid
off with no notice on Monday lastweek. First, all other company,
the company did not down themselves.They switched strictly from install an office work
and sales to sales only. SoI'm wondering if I have a case under

(26:08):
maybe wrongful termination or okay, let'sstart. Okay, So you have a
company that's no longer doing what theydid. They just cut off this entire
part, uh and wrongful termination.So what are you asking for? Usually
wrongful termination? And you asked tobe reinstated. And so here you go
in front of a judge and goyour honor in front of a administrative judge

(26:33):
and say, your honor, Iwant to be reinstated in a job that
doesn't exist anymore. What do youthink? What do you think they're going
to say, Well, there's nocompany to be reinstated too. Yeah,
that's the point of it. That'sthe whole point. And if and let
me let me go beyond that.What's wrongful termination? Wrongful termination is when
you are canned because of your race, or religion or sexual orientation. So

(26:57):
when they shut down and higher divisionand say we're done and all of you
are laid off, where is thediscrimination understood? Yeah? The point is
it's nowhere, absolutely nowhere. Katrina, Hello, Katrina, welcome, Yes

(27:19):
Hi, I live in a hoa. It was built in the nineteen eighties.
We have two pools here, neitherone of them are handicapped accessible.
One pool was done around twenty twentyand they didn't put any kind of ramps
or anything. And there are severalstairs to get up into where the pool

(27:41):
is. Yeah, by law,do they have to have stairs, but
they're doing a hoa. Well,let me ask you this. I mean,
you know, when you talk aboutdiscrimin you know, living with the
ADA, which is now part inparts of our Lives American Disability Act,
it says that that there has tobe accessibility and you have to in fact

(28:04):
deal with people who are handicapped.But yeah, it can't be like crazy
now, it has to be reasonable. And is it reasonable to put in
a ramp, for example, intoa pool. Do you tear it up
part and then put in a concreteramp so people get it with a railing

(28:25):
so you can walk in or youcan roll in. By the way,
the fact that it was built innineteen eighty it doesn't really matter because it
still has to be accessible. Restaurantshave to put in ramps and make everything
accessible or put in elevators and allthat so an HOA. By the way,
it wasn't built by the HOA.The HOA comes way later. And

(28:48):
I've never I've never seen that.I've never seen that where you have even
major apartments or condo complex complexes whichare run by HOA. HOA is basically
a management company that's owned by theowners of the property and they hire someone
or the owner just hires someone tomanage the property. So it wouldn't be

(29:10):
the HOA that makes that decision.It would have to be the board of
the HOA. And I've never seenthat where they've torn up a pool.
I have seen where my daughter livedin an apartment where there was this device
that you sat in and it wassort of this big lever device. It

(29:32):
was sort of a crane like devicethat would put people in the pool.
That's the only place I've ever seenit, because that's not unreasonable. You
know, they don't have to tearup the entire pool. So my guess
is probably not, are you handicapped? No, my daughter has ms and
when it's hot outside, she reallybenefits from going into a nice school.
Right, Well, how about thisone. Why don't you just walk her

(29:56):
in and hold her when she walksdown this stairs. Sometimes she has no
she can't hold herself up with herokay, so she is going to need
you can't hold her up, soshe is going to need a place that
puts a wheelchair into the water.Correct, Well, no, what what

(30:18):
I'm having an issue and she hasan issue with is to be able to
get even actually to the pool area. There are stairs, Ah, there's
I think there. They have toput a ramp in. I think there
they have to put a ramp inbecause that's easy to do, because that's
not that's not an undue burden.Uh. So you contact the A and
you contact the HOA and you say, guys, uh, daughters in a

(30:40):
wheelchair, I need access to thatpool and you put in a ramp.
That's an easy one. If youcan get the doctor to say she needs
access. If you get a note, that really excuse me, that really
nails the HOA. So that ithas to do with it has to do
with un do burden. I'm sorry, go ahead, Well I was just

(31:03):
right because they completely we did thewhole pool. They don't well okay,
so now okay, so what theycould have and they didn't, So it's
a question of a ramp going intothe pool where they have stairs. That's
easy. You take part of thestairs if they're wide enough, and you
build a ramp, or you builda ramp from some area above and you
redo the fencing. That's very easyto do. That's not an undo burden,

(31:27):
all right. So yeah, youcontact the HOA and say, hey,
you got to do it. It'snot a big deal. Oh by
the way, my doctor said thatyou have to make that accessible because I
need access to the pool. Ifyou live in chronic pain or you know
someone who does, let me suggestyou listen to The Pain Game podcast.

(31:48):
It's a show about living in andwith chronic pain and trauma that usually causes
it. Now the podcast is halfto prave, which I love. And
it's not about whining. It's aboutshifting your mindset when your life and your
body hurt. And I've known thehost, Lindsay Soprano for years and she
deals with her chronic pain twenty fourto seven and does it heroically. Her

(32:09):
guests have either lived with, dealtwith, have treated those living with pain
and suffering and the trauma that mayhave caused it. Every episode ends with
a message of hope, and here'ssomething that's counterintuitive, which you'll understand when
you listen. The show is aboutgiving pain purpose. A new episode drops
every Tuesday morning. You'll understand whenyou listen to it. Listen on the

(32:31):
iHeart Road Radio app, or whereveryou listen to podcasts, The Pain Game
Podcast, The Pain Game Podcast.This is Handle on the Law
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