(06/03) HOTL Hour 2

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. Boy,is this an absolutely no case story?
Now today, in this day andage, the lawsuits against entities, individuals
too, but mainly entities. Whatam I talking about? The boy Scouts

(00:20):
of America, the girls Stouts ofAmerica, the Catholic Church, the counties,
the cities, all have to dowith a lot of them have to
do with sex abuse, sex abuseclaims. And what ends up happening is
most of the time the lawsuit failsbecause of the statute of limitation. It
happened a long time ago. Itmaybe happened thirty years ago, and of

(00:42):
course there's no statute. I meanit's gone or the statute has kicked in
no case. Well, in manyjurisdictions, for example, State of California
has opened up the statute for examplein sex abuse cases. And I even
think either it's the La County orthe state eight has opened up the time
in which a lawsuit can be filedfor one year and that lawsuit there's no

(01:07):
statute. Now it goes back.It can go back thirty forty years.
Someone could be seventy years old andargue molestation at the age of ten,
and the statute will not preclude thelawsuit. And so these claims are going
crazy because we now know that alot of the sex abuse suppresses people from

(01:30):
coming out and finally dealing it becausepeople women particularly tend to suppress it for
years and years and years, andthen something clicks, they go into therapy
and out it comes and it's,as you can imagine, really damaging to
human beings, to say the least. So because of that, the statutes

(01:51):
have been eliminated in this case forone year. You can go back and
then we'll see what happens in thefuture. So the church, Catholic Church
over a billion dollars, billions ofdollars, Various arts, dioceses, Boy
Scouts of America over a couple ofbillion dollars went bankrupt. You've got counties

(02:12):
that have gone bankrupt. Let metell you about La County. La County
is the has the biggest budget ofany county in the United States, and
we're are you ready for this?Forty three billion dollars a year. I
mean, that's more than most thana lot of small countries. Forty three
billion dollars a year. Is thebudget for the upcoming fiscal year. LA

(02:34):
County is being warned. La Countyofficials have released the budget, and Chief
Executive Officer of Fezia Davenport, haswarned the county be prepared for a three
billion dollars hit in settlements, probablybecause usually they don't go to try three

(02:59):
bills billion dollars. Now, I'lltell you what does not happen. They're
not putting away three billion dollars settingit aside for settlements. Police department has
the same situation, LAPD, OrangeCounty Sheriff's same situation. And I don't
know of any time where the budgetsetting aside for sex abuse claim settlements has

(03:20):
not been blown. There's never enoughmoney in the budget. And not only
are these sex abuse cases horrific forthe human beings themselves, for these people
that have been abused, and Imean this is lifetime they have to deal
with it, but for the taxpayer. When you're talking about these billions of

(03:42):
dollars LA County alone three billion dollars, clearly we have a problem, a
big problem. All right, let'sgo ahead and take some phone calls.
Jim has been sitting there for along time. Hello, Jim, welcome
to handle on the law. Whatcan I do for you? And Bill?
I just find a year's lease recently, and I share half the commercial

(04:05):
space with my landlord, and he'sinterfering with my business. He's always there.
He's telling me what radio I listenedto KFY and he says, no,
you got you gotta listen to PBSand just all kinds of ways he's
interfering with my business. So I'llwant to get out of the lease.
And I'd like to assume him fordetrimental reliance because this is a big expense

(04:28):
for me after find another space.Yeah, okay, Uh, the breach
is easy. He's interfering with yourbusiness. And K five, by the
way, for people that are listening, is my home station in Los Angeles,
and excuse me, and this iswhere I broadcast from. I'm in
at KFI studio right now. Itreally bugs me the most. You know,

(04:49):
they'll oh, and how where aremy manners? I meant to ask
you how you're doing? Yeah,right, that's the other rule that I
have. You asked me. Iused to hang up on people that ask
me how I'm doing. But I'mfeeling a little the better your boil.
Yeah, okay, yeah, thatone too. I'm boy, have you
been listening? Have you been listening? All right? So now okay you

(05:14):
ye, Jim, Jim Jim.I know I appreciate that. So let's
move away from boil talk, uhand go right into the legal issue here.
All right. So as far asthe breach, yeah, that's legitimate
because if he interferes with your business, that's enough to breach the contract.
Now the issue is the proof,so you're gonna have to come up with

(05:35):
lots and lots of proof. Theother issue, which is a little bit
harder, is the detrimental reliance onthis How long is your lease? One
year? Correct? Yeah? Yeah? All right. So, uh,
let's say there is a breach,and let's say the judge grants you the
fact that there is a breach,and then you, the judge will tell

(05:56):
you settle this thing out. Howlong into the breach in to the lease?
Are you three months? Oh?Three months? Okay, so you
have nine months to go. Um, you know, here's what I would
do. And by the way,you're if you keep on doing that,
if you keep on listening to uhthe uh the station that I'm on KFI
and listening to PBS. By theway, those of you that listening to

(06:18):
PBS, do you at PBS?Just last year alone one it's I think
six or seventh consecutive award by itwas given the Station of the Year,
the Network of the Year by theNational Anisthesiology Association. Did you know that

(06:39):
the honey, Uh, it's basicallytrue. Yeah. Well they they they
put on PBS in lieu of actuallyusing anesthesias much cheaper for the hospital.
So you've you've got a solid onthe breach, the detrimental reliance, uh
that you moved in. You know, I'd give it a shot. And

(07:00):
how much do you pay in rentevery month? Well, I, you
know, I have damages from justhaving to move, so I pay forty
eight hundred a month. You knowit's only a dollars the square fee.
Yeah, no, okay, sofour dollars eighty cents of foot Okay,
that's so that's not inexpensive. Uhyeah, But the argument's going to be
that you have to move, andyou're gonna have to move anyway, is

(07:23):
the defense, because there's no wayhe's going to allow the lease. So
you've got nine months. That's probablyyour damage the problems he's caused me in
the first three months or it's fourmonths. Okay, let's say, don't
understand, but you've got to havea lawyer. You've got to have a
lawyer on this one. I mean, there's no way around it, because
there there's gonna there are so manydefenses here. You've got some good cases,

(07:46):
you've got some good allegations. Butif I own the building and you're
suing me for detrimental reliance, that'sexactly what it sounds like. I relied
on you to my detriment. Usuallythose cases are you've been offered a job
and there it is in writing andand you're gonna get paid X number of

(08:07):
dollars, so you pack everything up, you quit your job, you pack
everything up, and then you geta new place to live right near where
the work is. And then theysay, by the way, we changed
our minds. Okay, that isa typical detrimental reliance. That's the classic
case a detrimental reliance that I haveseen. So but it's you know,

(08:30):
you only have nine months to go. You're gonna have to move anyway,
because there's no way in hell thatI, as a landlord would ever extend
that lease based on how we're doing. So big mistake is signing a one
year lease on a business that youthat it costs a lot of money to

(08:50):
move. So it's a case.It's a case, Smitty, Do I
have that right? Yes? Youdo? Okay, all right, Smitty,
what gonna do for you? Allright? Older brother power of attorney
switched my ninety nine year old orexcoose me ninety five year old mother's name
into his name and a quick claimindeed with a time chare to week time

(09:11):
chare in Florida. And come tofind out four years later when she did
die, he did simplify the estatewhen she did die. Oh, by
the way, I did this quickclay. Indeed, older sisters are going,
hey, we need to be onthat now. He's telling us,
or at least me, a singleguy, I have to get a will
to get on Why do you haveto get a will? Why do you

(09:35):
have to get a will get onthe deed? That's what he said.
That's Florida law. No, no, I don't. I don't get that.
I mean, I don't do Floridalaw. But you have to have
a will to get on a pieceof property. That you deserve to have
anyway. But let's say for amoment or two that your mom did sign

(09:56):
over to your brother or brother inlaw the property and a quick claim deed.
For you to prove it, youhave to prove. For you to
prove it didn't happen, you're basicallyhave to prove that that was fraudulent.
Not easy to do, so alot of free I mean, we have
a deed, he's he is nowentitle No, I understand, But what

(10:16):
you're saying is that moms signed aquickly quit claim deed over to him.
Correct. Correct, Okay, Soin order for you to undo that,
you have to prove fraud. Youhave to prove that it was forged,
which four years later I know.So let's say you can't because that's not
an easy hurdle. And by theway, if I were you, i'd
let him have the time share becauseyou know they're not worth jack most deal

(10:41):
with. Okay, So all right, so it's a two weeks all right,
So it's worth some money, iswhat you're saying. It's not your
before? Yeah? Well, becauseI the phone calls I get all the
time on time shares? Is howdo I get out of him. And
there's a few that are worth somemoney, but yeah, not very many.
Okay. So now you're dealing withthe time share and he says you

(11:03):
have to have a will and thenI'll put your name back on the time
share. Is that correct? Correct? Okay? So there's no law that
says you do. I mean he'smaking up that law, doesn't That doesn't
make any sense. But let meanswer this. Uh, does he insist
on who you're going to leave theproperty too in the will? Who I

(11:24):
leave it too? Yeah? Yeah, because if you if you have to
have a will, he does haveexceptions my sisters. He doesn't want somebody
on their wills. You know,I don't understand. So he doesn't want
you if if you ride a willand he then put your name on it,
and he does he insist that yoursisters don't get the property. No,

(11:45):
no, no, no, nothat okay. Why does he want
you to write a will? Whydoes he want me to write a will
for me to get on the deedin Florida? I need a will?
Okay, why do you? Okay, who would you leave the money too?
Or who would you leave the timeshare? Assuming that you write a
will, well, I have charitableinstitutions. Okay, does he does he

(12:05):
care? Does he just wants awill? Right? Give him? Give
him a will? What the helldo you care? Okay, no downside
for you, So you go.You wanted to leave your money to these
charitable organizations anyway, So okay,here's my will leaving my property to the
charitable organizations. It's exactly what youwould do. So he's coming up with

(12:28):
this crock of a law that makesno sense, and you follow it and
no harm, no foul. Getthe time share back if it is worth
money and you're some island. Uhyeah, I mean usually the only time
shares are like Disney time shares thatgive you Disney resort times in good times,
you know, not in the middleof February, for example, midnight

(12:50):
to say we take it. Thenyou get on it right, your damn
will, right, your will,no harm, no foul. Uh yeah,
that's what I would do. Imean instantly. Oh Brian, Hello,
Brian, you're up. Welcome.Yeah. Hello. I sold a

(13:11):
car to a body shop, aprofessional body restoration shop, and I showed
them the floor, which was easyto see, was all rested out.
He didn't care. I told him. When you start grinding all this old
paint and bondo off of this car, you're gonna find problems. And he

(13:31):
didn't care. Okay, was anythingokay? And now he's suing you,
right, yeah, Now he wantsto sue me for the damage. The
rest of that, he's all right. So I start asking you a couple
of questions. First of all,was there anything in writing regarding number one
sale? Which I assumed there waswriting? Was there was there a bill

(13:52):
of sale? Yeah? There was? He read an agreement? Okay,
is there anything? Is there anythingon the agreement regarding rust? No,
he's he's out to lunch, andI'll tell you why. You're gonna be
fine. Uh, And here isyour real defense. He's going he's gonna
say, no, you didn't tellme about rust. You're gonna say,

(14:13):
yeah, I did. And thenhere's your defense. He's a body shop
and he should know. How doesa body shop somehow say you didn't tell
me about the rust when they havethe expertise, Because what happens if you
have a rust issue? Where doyou go? You go to a body
shop? You're fine, Yeah,you're fine, Just say hey, I

(14:37):
did tell you know I did tellhim, and your defense is in small
claims court because that's all they cando. As you go, your honor.
Uh, this is a body shop. Of all the people in the
world that would know there's rust,there would be a body shop. And
I told him you're gonna win thatcase. Yeah, that that is a
dead bang winner. Now, ifyou have been through COVID, if you

(15:01):
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(15:24):
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(15:48):
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that qualifying me button. Answer thosequestions. Get refunds dot Com Yet refunds
dot Com? All right, Jason, you're up. Welcome to handle on
the law. Hey, Bill,Um, in the event my wife and

(16:08):
I die, how do I leavemy kids to somebody? Do I put
them in a will? Do?Well? Okay? When you talk about
how old are your kids? Elevenyears an under? Okay? Uh?
Do you do you and your wifehave some serious money? Uh? No?
How much money are we talking about? All your assets, home,

(16:32):
whatever? And they put it alltogether? Maybe quarter of a million?
Okay, So that's enough for yourkids to want you to die, so
you know we're there, So keepthat in mind as we talk about this.
Now, who do you want totake over your kids? Who do
you want your kids to go to? My wife's cousin? Okay? Do
you have brothers, scissors? Sisters? Do they have uncles and that sort

(16:59):
of thing? Yes? They do, yes? Okay? And have you
talk to any of them about ifI die, I want my children to
go to wife's cousin. Have youmentioned that to anybody. We've only spoken
to the cousins. Okay, Well, here's the way it works is the

(17:21):
court will take into account what yourwishes are. K that's that's for starters.
And then the argument comes in,does, for example, do you
have siblings who are going to comein and go, I want custody of
my niece and nephew or my niecesand nephews because I am the closest and

(17:42):
I have a relationship with them,And there's the judge is going to look
at all of that. Now,custody has to be granted. I mean
there literally there has to be alegal order granting custody, and the judge
actually looks at the best interests ofthe child. That's it. Everything else
gets taught us out. What's thebest interest of the kids. You're saying,

(18:02):
my cousin is the kids should goto be to go to my cousin.
And here's why, they already havea relationship. They understand what we
want to do. I don't wantmy siblings to go. Here's why there's
a different religion they have. They'regoing to grow them up in a way
that we wouldn't have raised the kids, so you cannot force the issue.

(18:26):
Then there are people that are closerthan cousins who probably would have a better
claim. But keep legally, butkeep in mind the judges do pay attention
big time to what parents want.So the trick is for you. The
trick is for you not to die. That's probably the best legal answer.
But that's that's a good start.But yeah, we're doing some traveling later

(18:48):
in the year or so. It'sjust kind of getting ducks in a row.
So yeah, no, and thenthat makes sense. I mean a
lot of people do, a lotof people do personally, when my kids
were little, I didn't care.I'd be dead anyway. And just to
give you an idea of how closeI am to my children, I'm on
my deathbed and I can see themaround me literally tapping their watches, their
risk watches come on to add likespeed this up. Okay, we got

(19:11):
things to do. So if ifyou do care about your kids, which
I'm assuming you do, then beas uh be as what's the word I'm
looking for, h be as extensiveas you can in explaining why, etc.
And your cousin should say and Iwant to and here's the reasons I

(19:34):
want to and you bring all thatin or she brings all that in when
asking for custody. It's a goodquestion, by the way, it really
is. And people think automatically,here's where I want my kids to go,
and that's where the kids go.Not true, Not true at all,
because let's say you have, um, let's say you you're a different

(19:55):
religion, right, you're Catholic,and you have a cousin or a brother
an uncle of the child who isa totally different religion and very very religious.
You go, hey, you know, I want my kids to be
raised in my religion. That thejudge takes into account too, So all
of that works. Linda Hi,Linda Hi. Bill Um. I want

(20:21):
to know, um, can amanager or a landlord, you know,
make a security building in such away that we cannot buzz you know,
um a guest in. We'd haveto go down there and get him.
Because I'll give you some background.The manager set up this building, you

(20:45):
know this managers and you'll get backgroundthe manager too. The manager took over
the October before last, you know, and all this time he said,
you know, he's set up whathe pushed one edict after another. Now
you know, okay, let's makebul security. I have no problem with
the building being security. Uh.In the paper he gave us on this,

(21:08):
he said nothing about, hey,they let us in. I asked
him, nothing about what? Yeahabout how we let you know the gifts
in? Okay? And so clearlyokay, So well nine, I don't
want to go through. I don'twant to go through the whole thing because
it's yeah, it's a simple question. Basically said, you got to go
down there and get right. Iget it. And prior to that,
you could buzz him, buzz themin, and you're is there is there

(21:32):
any security issue going on? Becausethe manager does have the right to say
for security reasons, I am tellingall of the tenants that they have to
go down and pick up the people. Happens all the time. Happens all
the time, security reasons. Yeah, exactly, people coming in, you're
letting in the wrong people. Andif you someone comes up and you're buzzing

(21:56):
people in that you don't know.There's all kinds of reasons for having that
happen. Now, if somebody canlet people in, I understand, No,
I understand, but it's but it'ssafer for you to go down and
see those people, it is safer. At least he is arguing that,
and it's rational for him to arguethat. So now the argument becomes it's

(22:18):
arbitrary. And so here's what happens. What are you gonna do? Are
you going to go to court?Are you going to file a lawsuit?
Ask for a restraining order? Imean, are you prepared to spend that
much money? Not so much inthat. But I've got a plan.
Don't worry. It's nothing illegal.Oh kay? Well what killing him?

(22:40):
That's not illegal? No? Isaid nothing illegal? Okay, So what's
your prime? Now you got me? Now you have my curiosity up.
What is your plan? I cannotsay it on the air, but don't
worry. It's nothing illegal. Ohplease, you can't say it down the
air. Come on with that,can you hint? No? I can?

(23:00):
Okay, all right, let methrow Okay, how about yes or
no adulterated food? Yeah? Okay, dogs that eat people? No?
Oh wow? Okay, Well that'sa shame. That really is damn.
I really wanted to know sky Yes, Bill, good morning. I was

(23:23):
in a traffic accident a couple ofyears ago whereby was on a motorcycle heading
northbound on how He sixty seven.A lady headed southbount Of sixty seven made
a left hand turn in front ofme, failed to yield right away to
me, and I injured my knee. I wound up having to have my

(23:45):
knee replaced. Seeing thousand dollars injury, they offered me forty four thousand dollars
before I went to court. Iwent to court, and in closing arguments,
her defense attorney, uh stated atleast five different things. So we're
all lies? And uh did youdid your attorney refute those? He did

(24:11):
not. I was going to,but I know that better than to do
that. I kept my mouth shut, like okay, and you did you?
So you're you're in court now,right? Is this a bench trial
or a jury trial? Jury?Okay? So your friend of the jury
and he utters a lie. Andnow keep in mind that your attorney can

(24:32):
go ahead and refute, can justask the ask the defendive. Your attorney
said this is this true? Oruh? You note to the judge,
you note that our witness said exactlythe opposite. I mean, did the
attorney do any of that? Didyour attorney refute anything that was brought up.
No he did not. Wow.Okay, and you what what did

(24:56):
you get from the jury? Ireduced? Now it's not a settlement.
Wait wait wait, did you settleit? Or was a jury award?
It was a jury award? Okay? And you got how much did you
get out of the forty four thousanddollars that you asked for or they offered
fifteen? Yeah, that's a toughone. And now that happens, by

(25:17):
the way, that happens now,and there's a bit of malpractice to say
the least on behalf of your attorney, And that is if you can easily
ascertain those were lies? Now,could you prove those were lies? What
about decomission a character? Yeah,that's crap. That's no one cares about
that. No one cares about that. Could you prove those were lies?
Factually? I was a hundred feetaway and you turn out and you have

(25:40):
a witness or you have a copor you have skid marks that shows you
were three hundred feet away? Isthere anything like that on the record.
I have a letter from the cityattorney in San Diego sitting that all of
it, they didn't find any truth. Okay, And did you bring and
did you bring that in? Didyou bring that up? That was after

(26:02):
the fact, that was after thejury rendered its verdict. Then a letter
comes up that says you're not atfault. It only said that has said
that all the things that the otherattorney accused of alleged me of doing were
proved to be. Was that broughtup? Was that brought up in trial?

(26:23):
It couldn't because I didn't get theletter till after trial. No,
you got nothing. You got nothingthere nothing, It's exactly what the jury
gave you. There's uh, youknow, that's what happens. That's a
take. You take your chances.When you go in front of a jury.
You can get more, you canget less. Usually you get more
because the insurance company come in andgive you a lot less. But it
does happen. Jury believes one side, not the other. Brian, Hell

(26:47):
O'Brien, welcome. Uh it's Byron, But oh Byron, but sorry,
you're right all right, Byron?Yeah, no worries. So I called
you about a year ago, Bill, and he gave me some great advice.
Um, I had a mid centurymodern table, had some electricians doing
work on my half. Guy fallson the table, breaks it in half,

(27:11):
just like that Chris Farley skit um. You told me to go and
get some um and anyway, theydidn't. The electrical company didn't want to
date, they didn't want to takeresponsibility, didn't want to do anything about
it. So I went got estimateson the table. It was estimated about
thirty five hundred dollars. Took himto small claims a couple weeks ago.

(27:32):
I went to small claims, gota judgment. The judgment came down as
that from the judge was that theywould cash me out or that they would
find a comparable replacement, and theyhad thirty days from the day to the
judgment to take care of it.Um. So, uh, yesterday this
table shows up at my house,not even close to comparable. I mean,

(27:55):
it had not even a good reproduction. Probably valued it three or four
hundred bucks. Now, so what'sthe next steps? All right? Next
step is u it showed up andwere you at home? I was.
I was not at home, andmy wife signed for it, thinking that
it was another piece of furniture thatwe had ordered. All right, So

(28:18):
was it in a box? Wasit in a box or was it just
a table? It was in abox, okay, was disassembled. Okay,
so she signed for it. SoI think you're okay on that one.
Because it was in a box,she signed for it. And even
if it says I accept this,uh, the argument is I just accepted
the box. I accepted the factthat it was delivered. So what you

(28:40):
have is you have a judgment forthirty five hundred bucks or the equivalent in
a piece of furniture, which infact is not it. Basically, it's
outside of the order. It violatesthe court order. And so what you
do is you tell them to bringit back and then I don't think you
sue them again because you already havethe judgment and you go for the thirty

(29:06):
five hundred dollars. That's your judgmentand it's and you let them know that
this is a piece of crap,that it's not close to what the judgment
is, tell them the reasons,and you say, take back your piece
of crap. It is not equivalent, and therefore you've violated the judgment.
And if it turns out that theydon't, you say, hey, here's

(29:29):
what i'm gonna do. I'm gonnaput this on the sidewalk. I'm gonna
bring it back to your place,and then the cost of putting it back
to your place. I'm gonna sueyou again for that. I'm going to
sue you for that on top ofmy judgment. And then you start collecting
the judgment. And the first thingyou do is i'd be a little bit
careful about dinging their credit because whatthey've done is they have not paid a

(29:53):
judgment. Is effectively what happened.And I would I would write and letters
say hey, guys, here's what'sgoing to here's what's going to happen.
You pick up your piece of crap. Uh. They you have not met
the terms of the judgment, andthis is what I'm going to do.
And your credit. Maybe I maygo after your credit, and I don't

(30:15):
think you can sue again, butenforce the judgment. And you've got the
judgment in your hand. And thenthey're gonna fight it. And I don't
know if they're willing to go allthe way to do that. I have
no idea, but you've but thatthat's the next step. That's the next
step. They're willing to fight you, and you've got to take it to
the law, you know, takeyou take the legal steps and nothing is
easy on this one. These guysare just a bunch of idiots. And

(30:38):
so no, I can't. Ican't go back to the judge. No,
no, no, no, Imean you can't. But he's gonna
say the same thing. He's gonnasay, you have to produce equivalent or
you have to give the thirty fivehundred dollars. Right, Yeah, it
would just be being redundant if Igo. Yeah, it is so that

(31:00):
unfortunately is I hate that when thathappens. I can see it. Yeah,
I can see what happened to him. Well, let me tell you
about some CBD products. CBD iscannabis, but it doesn't get you high.
This is all about reducing the stressin your life, more calmness,
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(31:23):
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