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May 25, 2024 34 mins
Handel on the Law, Marginal Legal Replay
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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
following is up pre recorded program ALawsuits. As you know, I've been

a lawyer for a very very longtime, and not a very good one,
I might add, But at thesame time, I really pay attention
to lawsuits because I sort of rollthat way, and for some reason,
well actually for a good reason.We in the United States suit like crazy,
and that means that anybody can filelawsuit and there really isn't very much

consequence to it. You file acrazy ass lawsuit and you hire lawyers says
you really don't have anything there,or there's too much work involved, or
the lawyer finds out you're basically crazy, and there's this major fact that you
left out, and everybody just goesaway. You dismiss and you walk away,
and there's no consequence. Other countriesplenty of consequence by not only filing

a lawsuit, but if you loseor walk away you get nailed with the
consequences financial consequences, but not here. So here's a good one, right,
A bunch of prisoners in New Yorkand they're at a state corrections prison,
of course they are. And whathappened during the last solar eclipse.

Boy, did we make a bigdeal about the solar eclipse? And it
was totality, which means it wascompletely dark where the moon covered up the
sun one hundred percent and it's allexciting. Everybody's to look with the glasses,
etc. So what happened in upstateNew York at the Woodburn Correctional Facility

is that the administration shut down theprison during the eclipse, just shut it
down. No one's walking outside tolook at the eclipse. Well, of
course, lawsuit ensued, and alawsuit is filed in federal court and Upstate
New York arguing that the lockdown ofthe prison violates the inmates constitutional rights to

practice their faiths by preventing them fromtaking part in a religiously significant event read
the eclipse. Plaintiff six men whoare incarcerated, a Baptist, a Muslim,
a Seventh Day Adventist, two practitionersof Santadia, which is kind of

a bizarre religion, a lot ofvoodoo in that one, as well as
an atheist, and here the complaintreads, this is right out of the
complaint. A solar eclipse is arare natural phenomenon with great religious significance to
many. The Bible passages describe andeclipse like phenomena during Jesus' crucifixion. Sacred

Islamic works describe a similar event whenthe prophet Mohammed's son died and the next
eclipse won't be visible in the USuntil twenty forty four, and that means
or warrants that this eclipse warranted agathering, celebration, worship, and prayer,

which the state correctional facility took awayfrom the men. The lawsuit says
that one of the plaintiffs, anatheists, was given special permission to view
the eclipse using glasses those special glassesthat would be provided by the state,
but then the shutdown occurred. Thelockdown occurred and he was not able to

Four of the other plaintiffs asked forpermission but were denied by officials who said
that the solar eclipse is not listedas a holy day for their religions.
M well, there's the lawsuit.Don't you love lawsuits, especially these wacky
ones. I don't know how wackyit is. If you believe the solar

eclipse has great religious significance, nowi'd like to know where, but you
know, it's sort of kind ofconnected. So and I don't know what
the damages are either, because usuallyit's if you don't allow me, the
prisoner, to engage in a religiousactivity, or I want halal or kosher
food, the compensation to you orthe consequences to the facility is okay,

will now allow you kosher food,Will now allow you to practice your religion.
You know, it's not like here'sa million dollars, So what do
you do? All right, Well, here's what you do. If you're
around in twenty forty four and you'restill in prison, We'll let you see
the eclipse, all right. Don'tknow what to do with that one.

Okay, Now we take some phonecalls, So here we go. Alex,
Hello, Alex, welcome. Hello, Yes, I'm in California.
Okay, screwing up? All right? Go ahead, can you hear me
out? Yeah? Yeah? Better? Yeah, Okay, I'm in California,

and then twenty fourteen, my dadsigned a contract with a solar panel
company to put solar panels at thehome. Nine years later, he was
kind of frustrated with the high paymentsin electricity bills, so we called the
solar panel company and they said,well, you need to check your app,

the app that we have to seehow the solar panels are performing.
So we checked the panels. Turnsout that six out of the nine years,
the solar panels had been underperforming pertheir contract that they were supposed to
build a certain kill lots per hour. So we got frustrated. We've been
trying to reach out for them fora month and no one's trying to get

back to us. So we're justtrying to identify who it is. So
you got the company installed it.If they're still around, you sue the
company. I know you have.If you're talking about it, they installed
it and you're not paying. You'retalking about a twenty five year contract that
goes with the house. Correct,and so here's said, here's what's going

on. You can't sue the utilityand you can't sue the lending institution that
financed the twenty five years. Allyou can do is sue the people that
installed the soord system. And hereis I mean, they're liable. There's
no question they have to bring itup to par. The only issue is
how far back can you go becausethey owe you money for the difference between

a properly operating system and one thatdidn't and cost you X dollars. More
problem is is your They're gonna say, all you had to do was look
at the app This is the firsttime that we have seen there's a problem.
So the only thing that we're liablefor is for the repair of the
solar system. Now, if you'vepaid, I'm assuming you're talking about what

what are they liable for for thedifference in cost over the years? Correct?
Yes, I don't know where you'regonna go with that way, because
I don't know where you're gonna go, because they're going to argue, why
didn't you look at informists? Wehad no idea unless they're unless part of
the contract is they monitor and theyhave to let you know. I don't

know what the contract says. Yeah, so they're at the very least they're
responsible for bringing it up to parand at the most they're responsible for the
repair, I mean the cost ofthe electricity that you incurb. That's only
going back four years. You're sayingsix of the fourth two years are gone
because you have four years in whichfile lawsuit. And so it's a written

contract of which it depends how farback you can go on that, because
there is a sec I've been tryingto contact lawyers, but I guess they're
not. No, no lawyer isgoing to take it. No, you're
gonna put the small claims. Nolawyer is going to take that. So
I represent myself. Yeah, yougo a small claims career, You represent

yourself, and you ask for themoon. You ask for the difference.
How much was the difference between whenthe solar system is working and when it's
not working in terms of electricity costs? So how much is it? Yeah,
Alex six seven hundred dollars that youare paying and you have a solar
system in your house? Correct?Wooh okay? All right, Well that's

several levels of that. You seeat some point when you realize that whoa,
there's a solar system in my houseand I shouldn't I should pay virtually
nothing, And yet here I amwith a seven hundred dollars bill. At
what point you go, WHOA,something's wrong here. What happened? Is
you let it go or you're unclelet it go? For all those years?
Yeah? Yeah, yeah, exactly. Yeah. Not too smart on

that one. You know, youcan't. You know, there's some responsibility
that people do bear. One ofthem was this, this is handle on
the law, tyler. You're right, welcome to handle on the law,
tyler. Yeah, how you doing? I was working for Saint Joseph Centner.
It's a nonprofit based out of Venice, California. Pretty much. They

fired me for whistle blowing and I'veactually got terminated twice. The first time
in January of twenty twenty one,and then the second time was in November
of twenty twenty three. Wow.Okay, So when you say were fired
twice, they obviously reinstated you andthen you were fired again? Correct,

Yes, yeah, what were youfired for the first time out? Honestly,
they didn't let me know. Imean, they didn't give me a
reason, right, okay, allright, so no reason there. Second
time they fired you, What wasthe reason they gave you? They didn't
give me a reason again, Theyjust sent me a letter, a letter
of separation. Okay, how doyou so, how do you know it

was because you're a whistleblower? BecauseI was bringing up I was bringing up
safety concerns. I had got carbon, Yeah, I got carbon, but
I got it. Okay, allright, how about this? Uh,
here's the problem you've got in orderto uh have a wrongful termination based on

whistle blowing, which they cannot fireyou if you're simply a whistleblower. The
problem in California, because venice beingin California is uh that an employer can
fire someone for any reason or noreason, accept discrimination based on race,

religion, creed, sexual orientation.That if you can prove that was the
only reason they fired you, thenyou got a case if you can't prove
it. If you cannot prove thatthat was the reason they fired you,
then you don't have much there.Okay, So what if because they have

put me on lead for a monthand a half prior to them terminating me
after because I safety concern Okay,okay, so you brought up safety concerns
and they put you on leave,we're at the same place is they can't
come up with any other reason otherthan you bringing up safety concerns. Okay,

how do you prove that you haveproof? Is there an email that
says we're letting go of Tyler becausehe is a whistleblower and no other reasons?
No, sir, Yeah, yeah, that's the problem. So California.
You would think California being so employeefavorable, right, so dedicated to

the employee. Legally, it's discriminationcases are very very tough unless you've got
a race thing and got one personwho happens to be either in nethicity,
in ethnicity that is singular, orit's just it's very very difficult to say
to say the lease. All right, Janet, welcome to handle a long

What can I do for it?Yes, ma'am. You helped me in
February regarding a claim against the Countyof San Bernardino. It was snowplowd damage
from that big storm last year,and so I went ahead, did the
file, filed the small claims,went to court, and you were absolutely
right. I won my case andthey had thirty days to pay or appeal.

Well appealed. My question to youtoday is should I get an attorney?
No, it's the same, No, absolutely. First of all,
attorney. How much did you howmuch Janet? How much did you win?
Ten thousand, five and twenty threedollars? Okay, because that's court
fees, et cetera. The jurisdictionallimit is ten thousand dollars. All right,

so you're gonna get an attorney who'sgoing to charge you thousands of dollars.
The county to say to court,no, you don't. You don't
get an attorney. What an appealin small claims does is you get what
is called a trial de novo newtrial, so it's effectively the same trial
they appealed it. And the smallclaims rules are that the first trial disappears

and you do it all over again, same evidence, everything, and if
it's maybe get the same judge,maybe not, you certainly bring up that
you won the first time. Ohyou've been then there. Yeah, they're
going to say you can't say that, you know, just all the kinds
of crap. So legally you mightbe able to say that in a real

court, a superior court, notto say, small claims it's not real.
It is real, but the rulesof evidence nobody cares. They just
do it. So you bring upthe fact that you, hey, I
won the first time, and thesejerks are back again, and you do
the trial again, Janet, that'sall you can do. Yeah, that's
it. And if you lose,you lose, and if you win,
you're going to be in the sameplace you are now because the system gives

you the ability to appeal. Letme see who's been sitting there for a
while, all right, Darryl,Hello, Darryl, welcome. Fine.
I have just a really quick questionfor you. I just recently hired some
housekeepers and I'm wondering is it moreadvantageous for me to pay them in cash

this is task flies or by check? Wow? Well, first of all,
there are no tax implications paying themin cash or check because there's no
deduction there by paying house clean payingfor your house. Second of all,
do you know paying them in cashunder the table is completely illegal paying them?

Yeah, that's a weird question,but I don't think it matters one
way or the other. How muchthey charging you to clean your house a
couple of hours, three women andsixty them. Oh that's a good deal.
That's a good deal. Yeah,I ask them. If I pay
you cash, you know kind ofbreakdway. Yet, who the hell knows,

but there's it doesn't really matter otherthan it's wondering. I know my
husband is disabled, and I don'tknow if I could also maybe maybe you
can deduct it. Maybe then youhave to prove it. You pay me
cash okay, and then you paythem, sorry, pay him by check
and you deduct it. But nobodycares. Now it's a you know,

you do whatever the hell you want. I've never had a question like that.
What are the ramifications of paying thecleaning ladies and cash or check?
Now? Really don't know and reallydon't care, frankly, and I don't
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an office Suite's NetSuite dot Com slashhandle. This is Handle on the law.

Welcome back, and that is handleon the law. I am Handle
on the law marginal legal advice whereI tell you you have absolutely no case,
Becky, welcome to Handle on thelaw. Yes, thank you.
In twenty eighteen, I had anyreplacement surgery. The doctor cut an artery
and they had to life light meto another hospital where I received bypass surgery.

After my recovery, I contacted lawyerswithin a three hundred mile radius of
my home and no one thought Ihad a case. Wow, I just
accepted. I just accepted that.So fast forward to last week, I
saw another orchipedis because I still havea swelling and numbness between my knee and
my ankle, and they ran it. He ran a test and he found

a very rare, slow growing bacteriathat if the second test proves to be
true, I'm going to have tohave everything removed, a new nay put
in. Wow, and then fiveyears I have to have that one taken
out. Okay, So let meask you a question. Now, it's
a big deal. No, no, there's no question. It's a big
deal. Where do you live thatyou that no lawyer within three hundred miles

would take your case. I livein Jacksonville, Illinois, and I had
lawyers in Chicago Spring. Wow.Okay, so something is weird here and
you did it right after the surgery, correct, right? Yeah, because
that's what MS five years. Idon't know what it is in Illinois,
but you're past the statute. Nomatter what I got to tell you,

Becky, it doesn't make sense tome. Based on what you have said,
it seems to be to me tobe a pretty clear case of medical
malpractice. So I don't know whatto tell you. I don't Chicago lawyers
wouldn't take the case. There mustbe something else going on that I don't
understand. I just don't get it. I'm glad I could help you out.

James, Hello, James, welcome. Hi. My truck was repoed
December because I made a claim withmy bank and it basically refunded the past
six months that I made to theloan company. Okay, I don't understand.
Way, wait, wait, wait, I just didn't understand a word
of that. Your car was repolledbecause you made a claim. Was the

car payments were not being made?It basically basically non payment. That's not
the main sportune of the question.When I called to have an extension,
they said the furthest they would dowas the thirty first of December and it
would be sold at auction. Icalled again, multiple times, asking for
an extension. Well, my truckwas sold on the first. I then

went to my PO box and founda letter from them saying I could have
an extension till the eighth of January. This was sent probably weeks prior to
me even calling and asking for thatextension. Okay, hold on, hold
on, hold on. They soldit on the thirty first. How many

days before you received that letter.Did they sell the car? They sold
it at auction January first. Ichecked my PO box probably two days later,
saying in the mail that it couldhave been January eight. I could
have asked for that extension. Okay, and all right, that's interesting.

Yeah, the value of the truckwas about sixteen thousand. Yeah, no,
I know that. No, Iyou know, I absolutely know that.
I'm just thinking of, you know, what were your damages? You
hadn't paid, and you're saying Icould have paid, and you said I
could, and you didn't give methe chance to pay you six months back.
Just a quick question, if let'ssee you go to court based on

this and you said they gave meuntil X days, would you been able
to pay? Yeah. They wereasked for probably four hundred and fifty dollars
to get everything reinstated in my monthlypayments going back again. I just needed
that a little bit of extra time, right, Okay. I'm just trying
to think based on that you reliedon that and didn't have to come up

with the payment. It was onlygonna be four hundred dollars, and they
sold a car wrongfully, I guessI would argue you get the value of
the car. Yeah, you takethem a small claims court. Uh,
you know value of the car andyeah, yeah, no, I ge
it is. And so you're whatyou are in the middle of is a

wobbler. A lawyer is going tocost you a ton of money. Uh.
And it's probably not worth it.It's one of those cases where you
argue you're on your own. Youfile in superity court and argue on your
own. They're going to bring lawyersin. Uh. And yeah, it's
it's something. I don't know whichway do you go on that. It's

it literally is a win, anda win is a is a loss.
It cost you money, and aloss is a loss because it's super extramely
because you know, they took awaymy only transportation. Not really, I
mean you could, but when theyhave when they took your car repoted,
how long was it that they hadthe car before you do any Yeah,

I'd argue that too, Sure,I'd throw that into the mix. Why
not. Yeah, it's that's oneof those where you notice that I'm equivocating
here. I don't know, becausewhen it's small potatoes under ten thousand hours
to go to small claim scort,when it's big potatoes, anything twenty five
thousand or more than it's worth togo to a lawyer. When it's somewhere

right in the middle, you go, what do you do? I mean,
lawyers are not inexpensive, to saythe least. Gary, Hi,
Gary, Gary, Your question isyes. My question is my dad took
out life insurance when I was akid. I did not know about it
till we stuck him in the nursinghome and I had to go through his

house all paperwork and then disclose everythingbecause we didn't know if there was assets
with it or not. Now Ikeep getting he passed, and then I
getting letters from the insurance company.I can't have that type of life insurance
and he did borrow against it,So how can I get them? Am
I liable for it? And howcan you get them? Now you have

absolutely no liability. What ends uphappening is there is life insurance that pays
off. It goes to his estate, or it goes to the beneficiary,
whoever the beneficiary is minus the amountof money minus the amount of money that
he borrowed. Okay, so ifit's one hundred thousand dollars policy, let's
say and you are the beneficiary.The insurance company is going to keep forty

thousand dollars and hand you sixty thousandbecause they loan the money against it,
and of course with interest and allthe crazy junk fees are going to keep.
But no, in the end,you are not responsible for any of
that. You're fine, okay,all right, Steven, Hi, Stephen,
welcome, Hey, good morning,Bill. A quick question about airlines.

I was recently on the flight OrangeCounty to Vegas, which, as
you know, it's a fifty minuteflight, but the flight was delayed up
to three hours, and we're sittingthere on the tarmac and at the gate
on the tarmac. You're on theplane for three hours, on the plane
for three hours, all right,So how long can the plane you keep?
I know, I don't I don'tknow the answer to that, but

I know that the rules have changedgiving you money because it used to not
be. Uh it used to bewhere they didn't have to give you which
money or a voucher. Now theyusually did. I mean, if an
airline is keeping you on the tarmacfor three hours and they go too bad,
that's the last time those people aregonna fly. Everybody on the plane
plane that airline, and so theyusually gave something. Now the rules under

the FAA, it's there's real money. Uh. And they've actually changed that
too, just recently. It usedto be here's a voucher. Now it's
real money. And so you justhave to look up the rules because I
don't know them. But that that'sa very good question. And it's getting
easier and easier for consumers, forpassengers because it's miserable the airlines. I

mean, yeah, I'm going onvacation and it's a long flight. I'm
off to Europe, and so Ibooked my ticket, you know, and
I didn't get any great deal onthe ticket. Then I find out that
I actually have to pay another onehundred and fifty dollars so I can sit
together with the person I'm flying with. I mean, is that insane?

Welcome to the airlines, all thejunk fees. Take a break, we'll
be back. This is handle onthe law, oh, Zomon? Or
is that? Do I have thatright? Zamon? Yeah? Yeah?
Is that Zoman? Yeah? Thisis not going very well real quickly,
all right, Zomon? What canI do for you? Well? I

bought a house of about to fifteentwenty the role and uh, it was
my between me and my wife.Maybe she's wife now, but yeah,
them between both names. But she'spassed away. Then I've been married again,
and my house is still under myname and my wife name there,

I have to change that name frommy des wife to my new wife.
Yeah, what kind of what kindof consequences I would have if I changed
the name? Nothing? I don'tknow. There won't be any kind of
consequences. You just do it,and I don't think. I don't think
the house is going to be assessed. Uh. And I don't think there

are any tax consequences because it's yournew wife. Maybe there is on her
part. I don't know. Butall I can tell you is how to
do it, because I don't know. I'm not an a tax person.
Uh. And how to do itis fairly easy. You have to bring
the house into your name because shehas your Your dead wife has to signing

a deed that transfers from her nameon it to just your name. Very
difficult to get, very difficult toget dead people to sign those documents.
Was your wife? Was she buriedor was she cremated? Okay, well
that's easier than having someone who's beencremated sign a document that I must give

you. So what you get todo is you get her death certificate and
you file it with the recorder's office, and it's an affidavit of the death
of a joint tenant. So hegoes into your name, and that is
fairly automatic. It's just easy.You can just look that up. And
then when it's in your name,you transfer the property from you to you

and your new wife, so itbecomes a joint tenancy where you and your
new wife own the house. Sothat's fairly easy as far as the only
thing is tax on consequence and whetherthey're going to reassess the house. I
don't know, Okay, so youmay want to talk to you. Yeah,
yeah, I don't that. Idon't know that. I don't know

because I don't do taxes. Andyou could call someone in terms of whether
it's reassessed or not, because thatis a non legal issue. John,
Hello, John, welcome. Yes, can a reasonable case be made against
the Big Box store for pain andsuffering for a botched installation? Oh no,

no, no, it's just abreach of contract. John, Pain
and suffering is pain and suffering Now, the big box store that they don't
actually do, uh the installation.Obviously they refer people installers, separate contractors.
But you still argue if it's theirrecommendation unless you sign off, they're

not liable under any circumstances. Allwe're doing is giving a recommendation. Even
that's up in the air. Butpain and suffering, first of all,
if they install it wrongly, Iagree it's a pain in the ass.
I also agree that you suffer becauseit's a pain in the ass legally not
a chance. What you have isa breach of contract and it's money damages

and that's it. So how badlydo they screw it up? John?
It was a matter of time.It was a project that was supposed to
take a few months and took eighteenmonths. So have you gone to the
store and complained to management and saying, hey, you guys refer this this
is one of your guys. Tookeighteen months. Oh yeah, what are

they saying? They're just telling youto pound sand Well, no, they've
made an offer to me, butit wasn't for the full amount So okay,
full amount of wait, the fullamount of what the installation of what
I paid for the materials and thelabor. Wow, you want all your

money back as well as getting sobasically you want a free installation, free
cabinetry, and free labor. Howmuch did they offer you? About five
k? Okay, how much didit cost you to put it in?
That was like eight eight dollar?So effectively it's going to cost you thirty

five hundred dollars for an eighty fivehundred dollars installation and you were out of
cabinetry for eighteen months? Oh maybefifteen months? Could it should have taken
about three to have taken three months? So now you get to go to
court and sue them maybe ten thousandbecause you can know your own for an

extra fifteen hundred bucks and have somejudge say yeah, that's worth it?
Or what if I'm a judge,I'm going to ask you, Okay,
what did you do? John?I mean during that time when you didn't
have cabinoatry, what did you do? Uh? Well, there's a lot
of details and I'm not sure wehave enough time. No no, no,
no, no, no, I'mnot telling. What did you do?

Did you bring it? Did youbring in boxes? Did you use
another closet? What'd you do inlieu of the cabinetry. I really can't
get into those details, but Ican just assure you it was a nightmare
and I would have pid double thatif this right. You know what,
if it's worth it, if it'sworth it for you to get ten grand,

because you want more than the costof the cabinets, and you're going
to say it was worth more,my hassle was. And by the way,
pain and suffering is out of thequestion if you're if you're going to
argue to a court that I shouldget because of the hassle. And let's
say you can come up with someextraordinary story of a hassle, which I'll

give you, and you don't evenwant to tell me what it is,
so it has to be some criminal, you know, sex with the animals
sing. You are arguing for freecabin of tree and several thousand dollars on
top of that. That's what you'rearguing in front of a judge. Okay,
that's all I'm telling you. Idon't know enough about it. But

you know, I can't even sayI would take it because I don't know
the facts. But that's effectively whatyou're asking for. The general answer can
I get pain and suffering? No, you can't. Before we go,
let me tell you about bad breath. It's absolutely no fun at all.
Now, if you haven't, yourfriends smell it, eh. But if
they have it and you're there,it's miserable. So let me suggest introducing

you and to your friends and familyZellman's minty Mouth mints. And it's not
just the mint, it is atrue breath freshener, a tiny little capsule
that you suck on the mint,and then you swallow the little capsules.
You can bite into them too,and then it starts working down not only
in your mouth, but down inyour gut, where bad breath usually starts

with the foods you eat. Youpop two or three in your mouth,
and let me tell you this doeswork. It doesn't just cover up the
bad breath. It cleans your breathin a way other men simply can't.
That's Selmans. I use them allthe time, and people still hate me.
But at least I have good breath. And I'm so into this company.
I've known these people for thirty years. I actually bought into it,
that's how much I trust them.Zelmans gives you a money back guarantee.

I've never seen anybody ask for that. Free shipping. If you order three
packs or more and I know you'regonna want to order more, that's zelmans
ze l M I n s dotcom fifteen percent off when you use the
code handle at checkout. Fifteen percentoff. Use the code handle at Zelman's

zelns dot com. This is handleon the law
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Las Culturistas with Matt Rogers and Bowen Yang

Ding dong! Join your culture consultants, Matt Rogers and Bowen Yang, on an unforgettable journey into the beating heart of CULTURE. Alongside sizzling special guests, they GET INTO the hottest pop-culture moments of the day and the formative cultural experiences that turned them into Culturistas. Produced by the Big Money Players Network and iHeartRadio.

Music, radio and podcasts, all free. Listen online or download the iHeart App.


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