Episode Transcript
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(00:00):
This is handled on the law.Let's do it. LA City Council votes
to mandate air conditioning and all rentalunits. And this is one big deal.
First of all, we start withthe city of Los Angeles, where
I have lived virtually my entire life, and we get some really great summers
as an insanely hot particularly a heatwave that was just a little while ago.
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And as you know, climate changeis upon us. And if you
don't believe it, that's fine,you can. That's a different conversation.
But I can tell you science.And just look at the weather reports.
It as hot as hell here andit's getting hotter, droughts are getting longer,
and the heat waves are getting heatier. So the LA City Council,
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very liberal city council voted, movedactually to move towards a plan to have
mandatory air conditioning and all rental unitsin the city, not new rental units,
and all rental units. Now,usually when you're doing something of this
magnitude, the government does something thismagnitude, it's for it's forward thinking.
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For example, all new construction,all new housing in the state of California
has to have solar panels. AndI think that started just a few weeks
ago or starts next January. First, if you're building a building, and
I think it's new permitted building,you have to have solar panels, but
that is in the future. Thisone says, if you've got a rental
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unit, you're gonna put air conditioningin. And the council voted unanimously and
it calls for all landlords or propertymanagers to install install cooling units in all
rentals. And also, and thisis the plan that's moving forward, it
calls on the city Attorney and theHousing Department to weigh in on options to
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amend existing codes to require ample coolingappliances because they have to amend the code
because right now the code City ofLos Angeles, the rent control, etc.
Doesn't have any of this language inthere. And as well as possible
funding sources, because let's say youare a mom and pop owner of and
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you've saved up your entire life andyou have eight units and that's your income
plus so security. Well, toput an air conditioning into eight units or
twenty units, or one hundred unitsor two units, let me tell you
that's not small money. Now,does a window air conditioning system work?
Maybe does a cooling system like anevaporative air cooler which is not forced air,
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which is far cheaper. Does thatwork well, they're looking at it.
But either way, this is greatfor tenants and it can get pretty
brutal in southern California, I meanreally brutal, and people who don't have
a c it is very tough.How about the city of Los Angeles that
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is on the coast, part ofit are inland, Where do you really
need air conditioning? Because there's nogeography here. It's not areas that are
hotter or cooler, and that goesall over the place. I mean,
I grew up in the San FernandoValley and it is hot in the San
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Franco Valley, about five to tendegrees hotter than in the city. And
then there are parts of the SanFernando Valley that are ten degrees hotter than
other parts, and it can getI mean one hundred and fifteen degrees.
I mean I remember right now,I can walk around during the summering it
will be one hundred and ten hundredand fifteen degrees. But as everybody says,
it's a dry heat, and adry heat is far easier to sustain
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far easier to stand than a heatthat is not dry. I want to
point somebody out too, when youbake cookies at three hundred and fifty degrees,
that is a dry heat. Also. All right, it's time for
phone calls. Kelly, you've beenthere for a while. Welcome. What
can I do for you? Hi? I just wanted to find out what
my tenant rights are. When Imoved into my condo, my landlord didn't
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let me know about the parking rules, which I ended up having two cars
consequently towed. He claimed it wasn'this fault because I did go on the
website to put my information in butdidn't put it in correctly. I put
my car on the account, butI didn't safelist it, which I kind
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of thought was his responsibility to tellme what to do. He also didn't
know what the mailbox number was.There was like multiple things when I moved
in that he just didn't Okay,how much? All right? Looking at
the big picture, how much orhow important is it? And try to
look at it objectively if you can. How important was it in the big
picture that you did not do whatthe website asked you to do, and
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you had to put in appropriate information. I put in, well, the
first time I got told it wastwo vehicles, so it was over six
hundred dollars, and I just movedin and I felt I didn't know the
rules? How much did you?Okay? So they didn't even ask you
to go on the website. Theyjust said here you go and didn't say
a word about it. Is therea lease? Yes? Okay? What
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does it say about parking and thelease? Nothing? Okay, it's silent,
all right. And it doesn't evensay go to the website. It
just says, here you go.And you weren't told the website has all
the rules. No, No,the rules are not on the website,
all right, So how do youknow what the rules are? I actually
spoke to a neighbor across the wayfrom me, and she said, there's
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specific rules in the community like association. Okay, So you went, so
you got Okay, so you gotthe information, and you put in some
wrong information about your car. Well, it's actually not even in those it's
I did call the parking company tofind out and I told them that I'm
like trying to figure out who wasresponsible to let me know what what I
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was Okay, So now are thereany signs any place? Um, just
no parking? Didn't like the redcurbs and stuff, Okay, no parking,
red curbs. And you know whetheryou are there or not. When
it says no parking and the redcurbs, do you think that there's maybe
red parking red curbs. There isa red parking red curbs. But I
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was in a designated parking space.Okay, so you're fine. So how
did you get your car towed awayfrom a designated parking space? Because my
license wasn't on the website of thetoad okay, so all right, so
that was done wrongly? All right, So as far as there can earned,
this was a car that was hasthe wrong license plate, that is
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not that is not allowed to bethere, right, does not have the
authority to be there. Okay,all right. I mean, by the
way, I'm not saying you don'thave a case. I just want to
get all the facts down, allright. So it costs you six hundred
bucks. How many spaces do youhave? Now? Well, I have
a garage that I wasn't able topark my car in. Why I moved
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in? Why? Because I wasstill getting everything moved in yeah, that's
not but that's not the landlord's problem. If you get a garage, what
you do with it is up toyou. You can fill it full of
stuff or you can put your carsin there. And if he gives you
parking, that's parking. I mean, that's a defense for him. That
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really it's a good defense for thelandlord saying I gave her the parking there
it is there's enough there for herto park, and what she chooses to
do with it, that's a differentstory. Great, I understand that.
So my concern as well though ifI do have guests over, there's a
way to go ahead and put themon the face list if there's going to
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be overnight guests. I feel like, as a person that's moving into the
property that I'm in, he didn'tfully make me aware of all the rules
of the community, like what I'mallowed to put on the patio or what's
not allowed to go on. Okay, did he nail you for putting stuff
on the patio or is he victim? No? But he I found out
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from the neighbors, not from him, that I had some boxes that I
had set on this mini little drivewayoutside my garage, which I was going
to break down. Apparently somebody inthe patrol said, sends a message to
him, and I would have endedup getting a fee or any Yeah,
but you didn't. But the pointis you didn't end up getting a fee.
What you had is that your car'stowed and you have a garage that
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you decided that you were not goingto use for a garage for whatever reason,
because you had to. You hadthe stage whatever for moving in.
By the way, every time I'vemoved in and i've had movers, I've
never used the garage. They movedit right into the house. I don't
think you're going to go any placeon this. I don't because he gave
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you parking space. You had itin the garage. And if your defense
is, well, gee, Ineeded a place to stage. If I'm
the judge, I'm gonna go.But you had a garage. And by
the way, when you stage it, don't you just stage it for a
couple of hours while the movers aredoing what they're doing. So no,
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I don't see it. I don't. Bonnie, Hello, Bonnie, Welcome,
Hi Bill. I want to knowif I have a case. I
was in Hawaii about three weeks agoand I gotta have a jakuzi. I
took fourteen steps and my right legjust went boom like a banana peel,
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just flipped and fall. I didn'twant to break my hip. I'm seventy
at Austel process. Put my handout, broke my wrist in three places,
immediately, immediately went to get helpand down in Hawaii. They put
on a splint, gave me xrays that broken, broken, broken,
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and came back. I'm in acast and a lot of pain, and
that's what's going on. I contactedthree attorneys in Hawaii. Nobody wanted to
take my case. We're too busy. This that No. I have never
heard a personal injury attorney ever andI've been a lawyer for a very long
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time say I am too busy totake a good case. That doesn't happen
in this lifetime. So let's talkabout why they didn't want to take your
case. We're going to eliminate they'retoo busy, and maybe they use that
as an excuse as opposed to tellingyou there isn't anything here, Bonnie.
So let me go into that,and that is you get out of a
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jacuzzi and you take fourteen steps andthen you take the spill. Uh did
you slip on water? No,what did you slip on? What did
you slip? Okay? And soso what did they do wrong? So
let me ask you, when yousue someone for negligence, you have to
say they did something wrong. Whatdid they do wrong? Well, we
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went out there later and my husbandhad his shoes on it that time,
and he said, oh my god, this feels like ice. Okay,
so what they Okay, So whatyou're saying what they did wrong is the
surface was so slippery that, uh, you it's it's foreseeable that you're going
to take a spill. Is thatcorrect? Well, yeah, okay,
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okay, your argument is that it'suh inherently slippery and it wasn't such as
enough traction fourteen feet later and so, and then I want to get into
how big a surface is this that'sso slippery that you just slip right off
of it. So usually around Jacouzi's, particularly hotels, they pretty well try
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to keep the surfaces around water suchthat there's some traction as opposed to putting
down a super slippery surface. Andso I can see why the lawyers are
going wait a minute, because theyhave to prove that the that area was
slippery enough that number one, it'sforeseeable you take a fall. They knew
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about it and they did nothing,or they installed something that was inherently slippery
and they're going to fight it likecrazy. Right, Yeah, you got
nothing there. Absolutely. The hotelcontacted their insurance company. Their insurance company
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called me. I didn't take theircall? Why not? A couple of
times? Why not? Well?I didn't really I wanted to see if
I could get an attorney before Itook their call. What do you do?
Why do you care? They're gonnatake a call. You make a
you make a complaint, you putit on the record. You always call
the insurance company. You don't admitanything, But you take calls from the
insurance company go what do you want? Well, we're gonna settle, and
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you go how much you're offering?No, not enough? And then you
get a lawyer in there. Soyou take phone calls from the insurance company.
They may have offered you some money. They could turn around and say,
we don't want to deal with it. We'll just go ahead and pay
you some nuisance money. Five hundreda thousand dollars medical expenses. That's what
it is. So two things arehappening. One. I don't think there's
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any liability too. I don't thinkyou handled it well, although the handling
of it is really you know,you didn't do in yourself any harm at
all. By not answering the insurancecompany just makes it easier if you do.
But yeah, as I said,no case, no case whatsoever.
The way I see it an HelloAnne, welcome, Hi Bill, how
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are you? I'm horrible, butlet's go on. Okay. So I've
got a small dog, six yearsold, thirteen pounds, Chihuahua terrier who
we've had for about four years.He's rescue dogs. A couple of years
ago, maybe a year and ahalf ago, it turned out we had
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a rat issue. So I hadrat traps put in our yard and they
were secured and the company, thetest control company, came out every three
months to check them and stuff.But Wednesday night we came downstairs and the
dogs had pooped in the living room, which she has never done before,
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and it was all bloody. Yeah, it was all bloody. It was
a mess. So I called thevet and she didn't have anything available,
so we had to wait one day, came down the next day. He
proved no blood, thank god.And he's on a regular schedule so he
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only gets to go outside. AndI'm with him because I'm retired, and
I watched him, but he wassniffling around the rat trap. So what
I want to know is it wasa six hundred dollar vet bill and I
don't necessarily can't connect the dots.Well, there you go, you've just
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answered it. Yeah, you haveto necessarily connect the dots. You've got
to prove that that dog got caughtup in that rat trap, and somehow
the pest control company did it andput in such a place that the dog
is susceptible, or the dog wasthe dog it was running around such a
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way you can get caught. Butif you don't know, if you can't
prove that it was the rat trap, it stops right there. Well,
and I called the pest control companyand they were very sympathetic, okay,
And I asked them. I waslike, can you cover at least half
to build? And the gal said, let me see what I can do.
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Okay. What did they do?Well, they sent out a service
guy the next day to pick upall the rat traps and get word of
them, okay, And are theygoing to pay for half? I don't
know yet if they do, andand if they do, take it,
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take it because if you sue forthat six hundred dollars and you can't connect
the dots. Conversation over Hello Kingsley, Hello, good money and yeah,
oh Mike, we're so. Isthis? I got some loan from small
business com pull you, Rudy cobOr you got sorry, you got wait,
you got some what? I havesome loan from small okay? Got
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it? You gotta? You gota loan? Okay, I'm sorry.
I okay, So you got aloan for your small business? Where'd you
get it from? From a smallbusiness? The small businessman? Okay?
The small business administration? All right, yes, yes, so okay,
they give they give me sixty thousand, but aside the time, my business
licenses fire. Okay. So whenI went to get the money to buy
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sell just wanted me to buy itemsand goodia. So so when I went
to get some of the money themanager, I have confrontation with the manager.
I said that I have to providethe this that I said, why
are you giving me this hard time? It's my name? Wait wait,
wait, wait, I'm having holdon Kingsley. I'm having a hard time
understanding with you. I mean yougot it's got an accent there that is
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a little hard to understand. Okay. So you were a little bit slow,
slower and more addiction. Okay,okay, I said. As I
was telling them, the manager said, I have to provide the business license,
right, he said, he said, I the spired okay, but
the loan is in my name.I'll pay so me, I didn't get
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into you couldn't stop on the moneyor like I was about for nine thousand,
the rest eleven thousand. They tookit. So I went to small
business. I went to small claimcourt and the judge gave the judgment on
them. It was Change bank theygave. The judge ruled for the bank.
Correct Yeah okay, he said thebank didn't have the money. That
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is FDIC that got the money.Okay. So I have a lot.
I have a lawyer. I wrotethem for the money, you know,
to bring the money. They're notresponding. Now I'm paying for the loan
they give me hat and my businesshad failed. I'm on disability. So
on the loan doc he says,I can apply for Hotsheep loan so that
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I can pay small small But they'renot giving me that chance. They said
I have to go for decision thautbefore they can't do anything about keep paying.
Okay, I'm gonna be paying.Okay, let me let me ask
you this, Kingsley. Are theyare asking you to repay the money that
they gave you? That's all right, yes, okay, all right,
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all right, campaign? But okay, so what's your question? My question
is decision then? Man? Howwould I go back and collect the money
for campaign the loan? You're notYou're not. You're not going to collect
any more money from them. Theyhave cut off the loan because you didn't
meet the requirements that you have tohave a business with a business license.
You cannot get an SPA loan fora business that doesn't exist. And if
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you don't have a business license,your business does not exist. And so
they gave you this money and thenthey're saying, we want it back and
we want you to pay it back. And I don't even know how a
small claims court judge would ever heara case against a bank under these circumstances,
because this is a federal loan soyou got me on that one.
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But of course the judge is goingto give it to the bank because you've
got you've got nothing to stand on, and they loaned you money based on
a business that I guess they shouldn'thave loan you money, and they're clawing
it back and they say, youknow, we want our money back,
and you fill out for the hardship. And by the way, even though
you are eligible for a hardship andyou fill out the paperwork, doesn't mean
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you're necessarily going to get it.They have the right to say no.
They have every right in the worldto say no, we're not going to
give you this hardship. We don'tthink it meets requirements, or we have
too many or we've changed our policy. Yeah. I don't know where you're
gonna go on this one, myfriend. But the question i'm ox FCV
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some of the No. The fdiced. No, the FDIC does not take
money from small claims. They're aninsurance company. The FDIC in shores bank
accounts. That's what they do.They regulate banks. They don't take money
from people. But that's what theChurch Bank is claiming that FDIC took the
rest of money Okay, well theydon't. They don't. So your lawsuit
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is after the bank. They administeredthe the SBA loan. Those are the
rules, and so you're gonna haveto go against the bank, which you
did and you lost. Now youhave the right to no, you don't.
You filed and you the plaintiff lost. You're done. You're going on
place with this and suing the federalgovernment on your own. Boy, I
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wouldn't dream of suing the federal governmenton my own. Morris, you're up,
welcome to handle on the law.Yeah, good morning. I have
a situation here. I signed upseveral years ago, and they're doing our
registrate and I have all these peskyrule estates and bothering the heck out of
me, at least one call aweek, if not two, trying for
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me to sell my property to them, and I'm sick and tired of it.
If I laid call them the otherday and the phone number doesn't if
her phone number doesn't match up onmy screen, and I interviews me,
the F bomb, the C bomb, and I totally go find another job.
What can I do about stopping themfrom calling me? Almost nothing.
If you get a phone call onceevery week or two times a week.
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You're lucky. I give them everyten minutes. Sometimes I've gotten them from
companies that do remodeling, medicare companies, painting companies, car insurance companies,
and the registry means nothing. Sowhat I do is I had a landline,
which I gave it up, andif I don't see it match the
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number, I just hang up.I press the red denied button. It's
all you can do. There arerules that they're trying to figure out.
Their programs at the phone companies aretrying to figure out to deal with this
sort of stuff. I think artificialintelligence is going to help. But I
got news for you, Morris.You're not alone. All of us get
these ridiculous phone calls constantly. Theones I really like are the car insurance
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ones, because I'll take those callsand I go into it. Yeah,
I'm interested in car insurance. Ohreally, yes, I am interested.
And then the questions start, andthen in the end I say, and
by the way, what I wantto do is I have a nineteen seventy
two Nova with three hundred and twentythousand miles on it. And at that
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point they hang up on me.But there is nothing you're gonna be able
to do it about it, man, And we're all stuck in it,
every single one of us. Chris, welcome to handle on the law.
Hey, Bill, thanks for takingmy call. Sure, I have a
property dispute with the neighbor. He'sgot three feet of my property. A
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long story short, he's owned theproperty for twenty years. I had a
survey done, but I don't reallyquite know what to do from here.
And if it's even worth it?Yeah, well, yeah, that's a
very good question, because you sitback and you go the question is is
it even worth it? How bigis the property you have? It's really
small, it's okay, so threefeet all right? So three feet is
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something, is what you're saying.Yeah, and it's a rental property end,
and it's setbacks are actually really close. I could use that three feet
okay, fair enough, Okay,that's that's all I wanted to know.
That moves us into a whole differentcategory because I've had people call me how
much acreies do you have? Howbig? Well I've got an acre and
a half and he's taking four feetand I go, come on, really,
the a care? And so thisone is a little bit different.
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Yeah, there are certain requirements thathave to be met, and there are
certain defenses that he has, oneof them being the length of time he
has been using it. The otherissue it quote open and notorious if he
is arguing adverse possession. And sothis is one of those where you literally
just look up on the internet wordslike adverse possession, encroachment on property and
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just start going through those, throwthose up and they'll give you some of
the rules. And if it's sortof up in the air where you could
go, he could go, thenyou call a real estate attorney and just
ask the question and say, hey, this is the situation. Is it
worth it? What are my chances? Chances are they're not going to charge
you for the time if you justhave a couple of questions. And if
you call, let's say you callreal estate attorney John Smith and someone answers
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the phone, either a message machineor a human being saying, hey,
I want to know if I havea case. Can I speak to what's
your issue? Well, I havea property issue. Someone is encroaching on
my property, my neighbor. Andthen you'll get you'll get a phone call
back. Because lawyer love business andit's pretty contentious between my neighbor and I.
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Oh good, that makes it evenThat makes it even easier, That
makes it even more entertaining. Youknow. That's that's what you do.
I just want to rip down thatfence and put up a new one.
If it's on your property. Holdon. Yeah, that's another question that
you're going to ask, is canI take down that fence? Uh?
And because it's encroaching on my property, that is another question. And I
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what I would do is if itwere me, if I were you,
I'd call a real estate attorney justto find out what what you can do.
My susan, welcome to handle onthe law. Hi Bill, Yes,
ma'am, thanks for taking my call. Sure, so I have back.
In January of twenty twenty two,I had brain surgery to remove a
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non cancerous meneni. I'm a tumorin my frontal cortex which I didn't know
I had. And I think indoing some research that I've been on psoriasis
injections for years. And when Idid some research, and I noticed that
there's some studies that we're done witha couple of the injections and this particular
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tumor with women around my age,but I can't find anyone that would take
the case. Okay, well hangon a minute, Yeah, yeah,
hang on a minute. You're sayingyou got the tumor as a result of
the medication you took, and thereare studies that connect the two that are
out there. Correct, Yes,okay, got it all right, And
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no one is willing to take yourcase, no kidding. And let me
tell you why you need more thanjust a couple of studies. I mean
they're and the problem is is well, and I'm not going to say that
because brain surgery is big enough evenif you're going to live through it,
so you know, the good newsis like, yes, that you're living.
I mean, it'd be a bettercase if you were dead, but
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it's not easy to sue if you'redead. It depends on the study.
If we're talking just a small studyas opposed to a massive study where they're
talking thousands of people. That's onething. There are studies that were done.
As I had twelve patients and twoof them did this or that.
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So before you can do anything,you've got to get a doctor. Forget
about lawyers right now, You've gotto get a doctor. That says yes,
there is a connection between the two. That's your first step, and
that's not easy to do. Butif you do that, if you can
have that case certified, which iswhat you have to do to a medical
malpractice, you have to have adoctor say yeah, there's something there.
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Now Here's the problem you're going tohave is that you are going to be
fighting if you do a major pharmaceuticalcompany and they don't roll over. So
whoever takes those people that take thosecases spend millions of dollars UH fighting those
cases on both sides. You don'tclearly have even enough money to begin it.
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So it's not it's you. Youhave to be part of a group
and it has to be really clearcut, and the tests or the studies
have to be overwhelming. So Ithink you're going to have a hard time.
But first step, first step,you get you get an opinion saying
connecting the dots, yep, thiscauses that or it has a propensity to
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cause that. That's it. It'snot easy to do. It is not
easy to do. Vicky, Hello, Vicky, welcome to handle on the
law hidill Um. I have aquestion regarding a possible liability on a property
with a home on it that Ico own with my brother. UM.
He was given a life of statein my in our inheritance UM from my
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mother U and he is responsible fortaxes, insurance, upkeep, et cetera.
Okay, that's that's hold on.That's pursuing to the life estate right
correct? And who owns the property? At this point we both own it.
I my name is untitled, butit's it's I'm only entitled to get
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anything from it if, if,and when my brother either goes. Okay,
So all right, fair enough,all right, I got it,
So let's move on. What's happening. Okay, So my my question is
I believe that he has neglected toplip pay house and his homeowners insurance.
I don't know that. I've neverbeen notified of that, but at one
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point told me that we're strange.So we haven't spoken in eleven years anyway.
UM. My question is is thatif something should happen, if there's
a damage or lawsuit or something,do I have a responsibility in that my
half of the house has been placedin a trust. Well, they can
go after the trial. Something happens, they go after the trust. If
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it's a revocable trust. Uh,then yeah, the trust is liable.
So my my advice, buy insuranceand then we're and then figure it out.
Am I going to get insurance ona house that's in need of repairs?
They'll give you, they'll give you, they'll give you fire insurance.
Uh. They don't go out andinspect homes. Uh, they don't do
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that. They you just buy insurance, get insurance somehow because you want you
don't want to get nailed, andthen work it out with him, then
sue him and do whatever you wantto do, sue him in small claims
court whatever. But that responsibility,yeah, yeah, because you won't because
you own the house. Yeah,you're you're the owner of the house.
Okay, so you got to straightenthat out. The first thing you do
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is get home insurance. That andthen you worry about it. Never ever
leave anything uninsured because that becomes crazy. All right, So let me tell
you, oh you know what,let me do this. First of all,
I want to tell you a littlebit of about what's going on with
get refunds. If you own asmall business got through COVID able to retain
five or more employees, you couldbe eligible for a payroll tax refund of
(32:09):
up to twenty six thousand dollars andthat's per employee. Do some math on
that one. That's some big money. So let me suggest going to get
refunds dot Com. You answer afew questions online, takes under ten minutes,
and you'll see if your business qualifiesfor that payroll tax refund. No
charge upfront. They don't get paiduntil unless your business get paid. And
it's surprising how many businesses actually qualify. Those that took PPP money on profits
(32:35):
had increases in sales, professional corporations. I mean, it moves on and
on. They are experts in thislittle known payroll tax refund program have already
returned five billion dollars to businesses.So to find out if your business qualifies,
go to get refunds dot com.Click on the qualifying Me button,
you answer a few questions. Visitget refunds dot com. That's get refunds
(32:57):
dot Com. Now is I end? The show points something out that for
those of you that are on hold, stay put because I will answer your
questions right after the show as Richde More starts. Also, if you're
listening and you still want a questionanswered, I'm taking them for another half
hour forty five minutes at least,so if you call, it'll be off
(33:20):
the air. I will still answerthose questions for you. And the number
is eight hundred five two zero onefive three four. That's eight hundred five
two zero one five three four.And if the lines are busy, just
call back in five minutes, becausehe's gonna imagine I zip through these We
have no commercials, no breaks.I go right through them. So eight
(33:40):
hundred five two zero one five threefour is a number to call. This
is handle on the law