Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is Handle
on the Law Marginal legual advice, where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
(00:22):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page.
Speaker 2 (00:29):
The followings up pre recorded.
Speaker 1 (00:30):
Program the ongoing story of the killing, the assassination of
the United Healthcare CEO Brian Thompson.
Speaker 2 (00:41):
And as we.
Speaker 1 (00:42):
Know, Luigi Mangioni was arrested and has been charged with murder.
And I don't know why this happens in New York
so many times it was son of.
Speaker 2 (00:51):
Sam and a bunch of other killers.
Speaker 1 (00:54):
Also going way back in history, Saco and Vinzetti. I
think we're in New York. Leopold and Lobe also New York.
Interesting historical little drops of little tidbits of history. You
can look those guys up. But it seems that New
York City is a place where it all happens. In
any case MANGEONI is arrested for shooting Brian Thompson in
(01:18):
the back of the head and after lying in wait
and assassinates him. All right, So now he goes into
prison and he is by law allowed to talk to
his attorney as often as he wants to. So what happens, Well,
there is a website set up on his defense by
(01:40):
his defense, and he is thanking people who have written
to him as he is jailed in a New York
City detention facilities. Probably rikers, I'm just guessing here. And
this is how crazy it has gotten. Women throw themselves
at these guys, knowing the heinous crimes they are committed,
(02:04):
they have committed, have already either been convicted, played guilty to,
or even been accused of. Women love these guys. Well,
I really like the bad boys. I mean the kind
that shoot people in the back of the head after
lying in wait. Yeah, those kind of bad boys. And
so hundreds of missives of proposals of marriage. I'm surprised
(02:27):
he hasn't published those. I once interviewed the wife of
the nightstalker who started writing to him in prison, and
he chose her out of the dozens who proposed marriage
and they got married. They got married in prison, and
I asked her, how could you marry such a guy,
(02:49):
because he's a wonderful human being. He killed all of
these women.
Speaker 2 (02:54):
Know he didn't.
Speaker 1 (02:56):
He's a nice, nice guy. He's innocent. Now did she
ever meet him? No? How did they get married? They
got married behind a plexiglass shield between them. They never
touched each other. But he's such a nice guy, Ted
Bundy remember him. I don't know how many women threw
themselves at him. Good looking guy, complete sociopath. All right,
(03:23):
let's take some phone calls. Kelly, Hello, Kelly, welcome.
Speaker 3 (03:30):
Hello, Yes, ma'am right. Question.
Speaker 4 (03:35):
So I went on SMLA for work and what's the
FM job.
Speaker 5 (03:41):
PAYD family?
Speaker 2 (03:43):
Oh okay, you went on PAYD family. Okay, got it?
Speaker 5 (03:47):
Uh huh okay. So my job was still taking paying
into my benefits and they weren't paying me. So I
was in receiving payment from EDD and they said that
want me to.
Speaker 6 (03:59):
Pay back like twenty seven hundred dollars that they were
paying when I was on the leave.
Speaker 5 (04:03):
And I'm trying to see if there's any legal recourse
or in Okay.
Speaker 1 (04:06):
Hold on, hold on, So you go on paid family leave.
You're not being paid by your employer, correct, No, okay,
you just went on paid family leave. Usually the employer
pays for that. So I'm a little concerned, not concerned.
I'm a little curious as to who paid you the benefits.
Speaker 7 (04:28):
Well, I think the benefits come through like edd.
Speaker 1 (04:33):
Okay if and I don't know if they do or not.
And now they want the money back from ed D
from you.
Speaker 5 (04:40):
Yeah, for the benefits that they said they were still
paying into my employee benefits.
Speaker 7 (04:45):
Okay, that's after you.
Speaker 2 (04:46):
Okay, that's after you.
Speaker 1 (04:47):
Okay, that's after you went to work, back to work.
They kept on paying, is that correct?
Speaker 7 (04:52):
Yes, No, they were paying while I was off on leave. Yeah,
going back to work.
Speaker 1 (04:57):
Okay, they still where they still paying after you came
back to work. Did you still get benefits? Yeah, okay,
that that's not your money. Of course, they're entitled to
get it back.
Speaker 2 (05:11):
Oh yeah, you.
Speaker 1 (05:12):
Know what if they make a mistake, they're allowed to
make a mistake, you know what I mean. Let me
ask you this, what if they by accident? How much
did you get on family leave? What was.
Speaker 2 (05:26):
Okay? What sixty five percent of your pay?
Speaker 6 (05:30):
Yeah?
Speaker 2 (05:31):
Okay, So let's say.
Speaker 1 (05:31):
Hypothetically, well, I'm just throwing numbers out, So hypothetically, let's
say you make one thousand dollars a month, okay, which
of course you don't. That means six hundred and fifty
dollars a month you're getting under the paid family leave.
What if they make a mistake and it turns out
to be sixty five thousand.
Speaker 2 (05:51):
Dollars because they missed a couple of decimals? Do you
keep it?
Speaker 5 (05:55):
No, I would give it back because I would know
I would have to be responsible for paying that back
to them.
Speaker 1 (06:01):
So why would you not be responsible when they keep
on paying you.
Speaker 2 (06:08):
That you don't deserve. You don't deserve the money.
Speaker 5 (06:13):
I guess you're right because I didn't know the law.
Speaker 1 (06:17):
You know, I am right, and they can't ask for
money back, and they do. And when you go on
paid family leave for example, or unemployment and you now
start working, it is your obligation to tell them, Hey,
I am I've gotten money, and how do I return it?
Speaker 2 (06:37):
Otherwise I mean, yeah, you're already caught.
Speaker 1 (06:40):
I mean sometimes you just shut up and at the
end of the year they miss an audit or whatever.
But yeah, if they've asked for the money back. You
absolutely pay for it, Carlos, welcome to handle.
Speaker 2 (06:53):
On the law.
Speaker 3 (06:55):
Good morning, sir, how are you?
Speaker 2 (06:56):
Yes, sir? What can I do for you?
Speaker 3 (07:00):
A question? I had a car accident and two years
ago I had a lawyer in the settlement. Was they
basically settled the process?
Speaker 2 (07:13):
Now?
Speaker 3 (07:14):
I was telling the person was the lady that answered
the phone earlier, that the police officer that showed up
to the accident basically reported an incident before, not an
accident report.
Speaker 1 (07:26):
Okay, So let me ask you. You said you already
settled the case.
Speaker 3 (07:31):
Well, yeah, they did settle, But I'm trying to go
against the police department because they filed the police because
the police officer filed a wrong a wrong paperwork.
Speaker 2 (07:41):
What do you mean why why can't he call it
an incident.
Speaker 3 (07:45):
Because there's no there's no information of the other driver.
The other driver fled on fo.
Speaker 1 (07:50):
Okay, So if he called it an accident, when you
get information on the other driver.
Speaker 3 (07:56):
Well that's the difference, right an accident report, it's it's it's.
Speaker 1 (08:00):
No no, no, no no no.
Speaker 2 (08:03):
It's an incident.
Speaker 1 (08:05):
And they don't go after drivers usually it's a hit
and run. They don't go after it, and you got
your money. By the way, Carlos, what difference does it make?
Speaker 2 (08:13):
Why do you want to go after the police department?
Speaker 1 (08:15):
What would you How much would you gain after you
settle the case if the police report read accident instead
of incident? How would you be ahead of the game?
Speaker 6 (08:27):
Uh?
Speaker 3 (08:28):
Well, I mean that's what I'm trying to figure out.
Speaker 2 (08:30):
How would you be ahead of the game?
Speaker 1 (08:32):
Just you know, answer the question. Do you think you
would be ahead of the game. Do you think you
would have gotten more money? Do you think no, No,
you think you would have gotten more if the cop
says incident instead of an accident.
Speaker 2 (08:44):
The guy fled, it was a hit and run.
Speaker 1 (08:47):
You got your money, all right, Thank you, sir?
Speaker 2 (08:52):
All right, you got it all right. Carlos is a genius.
Speaker 1 (08:55):
He he was on his way to his Mensa meeting
when he stopped buying and made the phone call.
Speaker 2 (09:00):
Excellent, Terry, Hi, Terry, Terry, This is Terry.
Speaker 1 (09:09):
This is not working this phone call either on a speaker,
someone else's talking to you. What's going on, Terry? I
can't I can't even hear you. Are you on a speaker?
Speaker 2 (09:30):
Okay? Great phone call, Terry, one of my best This
is handle on the law.
Speaker 1 (09:37):
This is handle on the law, marginal legal ad ad vice.
Speaker 8 (09:43):
Uh?
Speaker 2 (09:45):
Is that missed? Din or messtin last? Okay? What can
I do for you? Where's that from?
Speaker 8 (09:55):
This?
Speaker 2 (09:55):
I'm kind of you know, where's that name come from?
Speaker 7 (09:58):
I'm my to other Jamaican?
Speaker 2 (10:01):
Oh Jamaican. Okay, that's a great name, Messing. I haven't
heard it before. All right.
Speaker 1 (10:06):
I'm assuming you smoke a lot of pot, right, you
smoke a lot of pot.
Speaker 7 (10:12):
And the opposite, I've never smoked pot.
Speaker 1 (10:15):
You're Jamaican and you never smoke pot. There's something seriously
wrong with you. Grew up around seriously.
Speaker 4 (10:24):
Believe I grew up around it.
Speaker 7 (10:26):
Okay, I really just believe. I don't do it.
Speaker 2 (10:29):
Okay, fair enough? All right, what can I do for you? Messing?
Speaker 7 (10:33):
All right? So real quick?
Speaker 2 (10:34):
Uh?
Speaker 9 (10:35):
Caribbean.
Speaker 7 (10:36):
So that's a good thing I have on my teeth.
Did a little feeling. However, I require every three months
to get my teeth clean. Went to one place, went
to several of different Dennis and get my regular cleaning. However,
there's one tooth in particular that was a little problematic.
Went to one Dennis and they kind of did some
(10:58):
stuff with it. They did a they tried to do
a feeling on it, left a hole in it. Went
to another thenist for a second opinion on it. He
did my cleaning, regular cleaning, and the calls consultation which
I went in for a consultation and what procedure was
going to be done. I requested that he do. We
(11:18):
discussed that he's going to do a crown on a
particular too, with a possibility of extraction. However, I went
in for the crown. He did the extraction while under
local anesthetic. He decided to change a procedure and not
only did he remove a root canal crown that I had,
(11:40):
but also weakened the tooth that was around the extraction
and put a bridge. So now I'm having difficulty eating,
I'm having pain, and and now I while under local
he changed the proceedures, had me sign right there, do
(12:00):
I have a case?
Speaker 2 (12:01):
Okay?
Speaker 1 (12:01):
Well, here, hold on, here is you got a couple
of issues. Here issue number one. He's gonna say you
signed it voluntarily. You're gonna say I did it under
local anesthesia. By the way, local anesthesia does not change
your mindset. It's not like general anesthesia or you have
unless you're arguing nitrous ox side is that what they
call it nitrous where you really get loopy and you're
(12:23):
going to argue that he's going to say, no, that
didn't happen. So what you know that part I don't
know about. Now, if you're second dentist or another dentist
that you go to says he shouldn't have removed the bridge,
or he shouldn't have removed the tooth, put a crown,
put a bridge in there, you have trouble eating.
Speaker 2 (12:41):
That is a case.
Speaker 1 (12:43):
And the problem is is that enough of a case
to sue him as in superior court?
Speaker 2 (12:51):
Now if you sue him in in small claims court.
Speaker 1 (12:53):
Which in California is twelve thousand, five hundred bucks limit,
and let's say you sue for the twelve thousand, five
hundred dollars the dentist and appear and say, hey, I
did what was reasonable.
Speaker 2 (13:02):
Under the circumstances. And you're gonna say no, no, no, no,
you're not a dentist. He is. So you've got a
real issue there.
Speaker 1 (13:10):
What I would do and if it continues on, would
don't listen to me? Go contact a medical malpractice attorney
who's done dental malpractice. It's the same kind. It's the
same thing as someone a doctor screws up. Doesn't matter
if it's dental, medical or whatever. But someone who's done
dental malpractice who kind of knows what's going on. You
do a little bit of research and you call and
(13:31):
you say, hey, do I have anything here?
Speaker 2 (13:34):
And you might, but there might not be enough money.
That's the problem.
Speaker 1 (13:38):
I would feel much better had he taken it. I
would feel better if he take every single tooth out
of your mouth.
Speaker 2 (13:43):
I would feel better in terms of the case.
Speaker 7 (13:46):
Okay, how about the fact that I went in for
a consultation on the procedure that I wanted done.
Speaker 1 (13:51):
Well, but wait, wait, but you let him for that.
Speaker 2 (13:54):
Wait a second.
Speaker 1 (13:55):
You just did a consultation and he threw you into
the chair, and against your will, he did a procedure
on you.
Speaker 7 (14:02):
All right, So I went in for a consultation because
I've had this problem with Dennis before once.
Speaker 2 (14:07):
No, I get it. So you went in for a consultation.
Speaker 1 (14:10):
Why if you're just going for consultation, why would you
let him do any procedure on you if all you
wanted was a consultation.
Speaker 7 (14:17):
So before the procedure, I went in for a visit,
just for the consultation to end.
Speaker 1 (14:22):
Okay, so you went and okay, so he went for
the consultation, and then you decided to go forward with
a crown, correct, with a crown.
Speaker 2 (14:30):
Yes, okay, I get it, all right, we'll go around circles. Now,
I get it. So forget about the consultation.
Speaker 1 (14:35):
You agreed to have a dental procedure, and you're saying
it was the wrong dental procedure, and you're saying you
didn't consent to it because you were on local anesthesia.
And here are my damages. I can't talk anymore. I've
got real kinds of dental issues. This is when you
talk to a doctor, or excuse me, you talk to
a lawyer who has done dental malpractice.
Speaker 2 (14:56):
You get to do the research.
Speaker 1 (14:57):
But it's easy dental man practice attorney, you know, lawsuits, dentists, lawyers,
whatever you want.
Speaker 2 (15:04):
And then you just start talking.
Speaker 1 (15:06):
And my fear for you is there aren't enough damages
for a lawyer to take on this case because because
the insurance company of that doctor defends, now it could
be their willingness.
Speaker 2 (15:20):
I follow the grievents.
Speaker 7 (15:22):
Okay, So what unfortunate thing with the Grievans right now
is they they didn't just as them on the grievents. Well,
I cannot have any more medical procedure on Okay, I
got it.
Speaker 2 (15:33):
So here's what you do. That's part. That's part. That's
part of the conversation you have with the Dento mailpractice attorney.
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Speaker 2 (17:17):
This is Handle on the Law.
Speaker 10 (17:21):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (17:28):
This is Handle on the Law marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (17:36):
Napoleon, great name, Hi Napoleon.
Speaker 11 (17:40):
Yeah, go aheady.
Speaker 6 (17:42):
How's it going today? It's Saturday?
Speaker 1 (17:43):
To you?
Speaker 2 (17:44):
Go ahead.
Speaker 3 (17:44):
Thanks for being out here.
Speaker 6 (17:45):
I greatly appreciate you. Min Leisure the Radio Show. Yeah,
real brief, you had an advertisement about a half an
hour ago, maybe forty minutes now going into the broadcast
apartment landlord tenant issue should be fairly pretty simple, uh,
for you to wrap up for me. In this case,
(18:06):
let's see, moved into a property, a former property that
had just moved out of about about two weeks ago.
Speaker 8 (18:13):
UH.
Speaker 6 (18:14):
Landlord tenant, private dwelling couple was there for about nine months.
Speaker 1 (18:19):
Uh.
Speaker 6 (18:21):
Two or three months later they had a tenant move
in from Israel with with a mother dog with no shots,
no rabies into the eastman of the home. H in
a three plus unit air house kind of set up
like an Airbnb, main common areas, you know, private private rooms.
The mother had nine letters in puppies in the home
(18:43):
air ago. Long story short, there was there was a
yearine in fecal matter throughout his hallway, the bathrooms. UH,
the common areas. I lost my I had I was
in the process of going to school looking for jobs.
Lost probably about eight to ten hours, about eight hours
a day, seven days a week due to cleaning up
(19:04):
the home because none of the other tenants would want.
Speaker 3 (19:07):
To clean up.
Speaker 6 (19:08):
She asked us to take our shoes off of there. Okay,
it was pretty disgusting.
Speaker 2 (19:11):
Right, so you you owned the property? Do I have
that right?
Speaker 6 (19:16):
I was renting inside the proper, you were.
Speaker 1 (19:19):
Renting and okay, so you decided you were going to
clean up.
Speaker 6 (19:24):
I decided I was going to clean up because it's
a health it's a healthy.
Speaker 2 (19:26):
No, it is, No, it is a health issue. But
why would he the head side?
Speaker 1 (19:30):
Were the other tenants prepared to live, like to live
in that kind of uh filthy uh environment?
Speaker 4 (19:38):
Exactly?
Speaker 6 (19:38):
Who would have saw that coming? None of us? But
but the but the issue is she she she moved
the gentleman in from Israel with no shot papers to.
Speaker 2 (19:47):
Yeah, shot paper, it doesn't matter.
Speaker 1 (19:50):
Yeah, you've got you know, I don't know where to
even go on that one, because you have a.
Speaker 6 (19:55):
Taire playing with the Orange County.
Speaker 3 (19:57):
Yeah.
Speaker 1 (19:57):
Did the tenant move out, move on his own?
Speaker 2 (20:02):
Okay, So now you got a place. It's a filthy mess.
Speaker 1 (20:05):
And I would argue that the landlord would be responsible.
Did you ask the landlord, uh, the owner of the
property to clean it up?
Speaker 11 (20:15):
I did?
Speaker 4 (20:15):
I did, and they and they and they and.
Speaker 2 (20:17):
They said no.
Speaker 1 (20:18):
Right wow, all right, Well here's the point is you
volunteered to clean the place up. There's no contract there,
there's no agreement there. You just decided. I mean, you
could have moved and I'm surprised that. Let me ask you,
what would have happened if none of you cleaned it up?
Speaker 2 (20:38):
You were all prepared to live like that? I guess.
Speaker 4 (20:42):
That's a good question.
Speaker 2 (20:43):
Yeah, and that you know, are you going.
Speaker 7 (20:46):
To go on that one?
Speaker 2 (20:47):
And who do you want to sue? Lord?
Speaker 1 (20:49):
No agreement? Guy moved out for making your life miserable?
Where the hell is he?
Speaker 2 (20:54):
And it's yeah, I don't know where to go on
that one.
Speaker 1 (20:57):
I don't think you have much. I don't know where
you're going to go. You're gonna step in dog crap,
is what you're going to do. Hi Ann, welcome?
Speaker 11 (21:06):
Oh hi Bill? Yeah, quick question. I want to designate
beneficiaries for my retirement accounts and my savings accounts. Sure,
does this mean that that money is no longer available
for burial expenses and medical clawbacks?
Speaker 2 (21:26):
Oh, it's a good question.
Speaker 1 (21:29):
If they are the beneficiaries of the account, then they
get the account. Okay, that's easy, and that means that
they don't have to pay that So now that gets interesting. Yeah,
basically they get the money. Here's the account. They just
(21:49):
have to prove you're dead. And so you're sitting someplace
camped out and there's no money there to pay for it.
So you can set up an account where you have
a different account and the beneficiary becomes the or you
just you have no beneficiaries on that you just own
the account.
Speaker 2 (22:11):
Or you make sure there's money left over.
Speaker 1 (22:14):
You don't just leave it to all just they become
all beneficiaries.
Speaker 11 (22:20):
Okay, So basically you're saying that that money is not
subject to medical clawback.
Speaker 1 (22:27):
Boy, I don't know if that's medica. I have no
idea on that one. She's she knows more about this
than I do. Boy, getting a lot of these these
past hours bill about that.
Speaker 2 (22:35):
I have no idea.
Speaker 1 (22:37):
I should you know what I should do is I
should ask these people this show should.
Speaker 2 (22:42):
Be listener on the law. That would be especially today.
It's a weird day, Hirena.
Speaker 8 (22:50):
Welcome, Hi, thank you. I'm a partner in a shopping
center and for the last two years we've been fighting
the city because the state is mandating housing no matter
what happens to anybody else around it. We're the shopping
center behind where they're putting in an infield project. And
(23:15):
the thing that's happening is that we had a parking study.
We've been battling this for two years, and we had
a parking study done. We presented it to the city council,
and the city council, because they're mandated by the state,
voted two to three, two for it and three against it.
(23:37):
I mean two three were for the project. So the
project went forward. And now we're thinking of suing the
city to see if we can have the building and
safety people to look at the parking because it's not
going to work.
Speaker 2 (23:54):
Well, here's the problem.
Speaker 1 (23:56):
You have state law that overrides any local order.
Speaker 2 (24:01):
When the state mandates.
Speaker 1 (24:03):
That a city has to follow it, it's a question
of supremacy. That state law superseded city law, and then
federal law.
Speaker 2 (24:12):
Supersedes state law, and that puts.
Speaker 1 (24:15):
You in an interesting position because under state law, you
are under city law.
Speaker 2 (24:20):
You may not have enough parking.
Speaker 8 (24:26):
Our center won't have enough parking.
Speaker 1 (24:27):
No, they're not taking Maybe I'm misunderstood. They didn't take
any of your parking right.
Speaker 8 (24:33):
Well, they do because IHOP is right next door to us,
and sometimes they park in our parking. Lot, and we
practically we're usually one hundred percent full. People don't move
because the partners own the building and we usually have
just enough for us. We don't have any extra parking.
Speaker 1 (24:53):
Okay, now you've got a complicated issue.
Speaker 2 (24:57):
Have you talked to a real estate lawyer?
Speaker 8 (25:02):
Yes, and they want to charge us a starting fee
of fifty thousand dollars.
Speaker 2 (25:08):
Because it's a it's a yes, yeah, I can see that.
I think you have to.
Speaker 8 (25:14):
We're not the only city fighting a couple of other
now that yeah.
Speaker 2 (25:20):
Things where you have to just a group of you
or the partners.
Speaker 1 (25:23):
Everybody has to find a lawyer's and it's expensive because
it's complicated, complicated law.
Speaker 2 (25:28):
So I don't even know where I would tell you
to go. I would be in.
Speaker 1 (25:31):
The same position you are fifty thousand dollars and it
doesn't matter because Okay, let's say you have a ten
thousand dollars retainer. You're going to blow through fifty thousand
dollars anyway because it's just that complicated. You're doing a
city that is mandated to do something by the state.
Speaker 2 (25:50):
Can you imagine that kind of litigation?
Speaker 1 (25:53):
This is handle on the law to handle on the law.
Marginal legal advice.
Speaker 2 (26:02):
Herb, Hello, Herb, Hi.
Speaker 12 (26:05):
There, I have a head of small business back in
twenty thirteen, and I was it's worth about one hundred thousand.
Speaker 4 (26:18):
That's what I sold it for. The guy missed the
last three payments on how this?
Speaker 2 (26:25):
What dates were the last three payments due?
Speaker 4 (26:32):
About two thousand?
Speaker 3 (26:33):
No?
Speaker 2 (26:34):
No, no, no, I don't know the money. What were the dates?
When was the last payment made?
Speaker 8 (26:40):
Oh?
Speaker 4 (26:41):
The last payment was made in two thoy and fourteen?
Speaker 8 (26:46):
Why?
Speaker 6 (26:47):
Okay?
Speaker 1 (26:47):
Great, So it's been ten years since the last payment
was made. You think you would have done something a
little earlier than this.
Speaker 4 (26:57):
You mean me do something?
Speaker 2 (26:59):
You do something? Yeah, he owes you what X dollars?
Speaker 1 (27:03):
He misses the last three payments and the last one,
so he stops paying you in twenty fourteen. Right, there's
something called the statute of limitations.
Speaker 2 (27:14):
You can't come back ten years later.
Speaker 4 (27:17):
I don't want to go after him for the stuff.
He's out of business, he's not doing anything. I wanted
to resume the business.
Speaker 1 (27:24):
Well it's not yours, so you want to resume the business?
Speaker 2 (27:32):
Was there equipment? There? Was it a distributorship? What kind
of business was this?
Speaker 4 (27:35):
Herb A little bit more of a I made appointment books,
so it's a little bit of a distributorship. And I
have several clients coming back to be saying, can you
make some of this because we can't get it anyway.
Speaker 2 (27:49):
Yeah, there is, of course you can. Of course you can.
Speaker 4 (27:53):
I don't put my name on it. All of them
are blank.
Speaker 2 (27:55):
I put out.
Speaker 1 (27:56):
You can put your name on it. Herb, you can
put your name on it. He's gone out of business,
he's given on many.
Speaker 2 (28:01):
You know, he's done. He's done. You're fine. He's breached
the contract just started up again.
Speaker 11 (28:07):
Got it.
Speaker 2 (28:08):
Yeah, it's just nothing happened.
Speaker 1 (28:09):
I mean, you can't sue him, but he's not around
any longer.
Speaker 2 (28:17):
Hey, Ken, welcome to handle on the law morning Bill.
Speaker 9 (28:22):
Yes, two weeks ago, my wife went to Knotsberry Farm
and parked across the street at a Chase Bank. She
was parked in a handicapped spot. She had her handicapped
placard displayed, and there's no restrictions on this parking lot
as as far as we're aware of. However, towing company
towed a bunch of cars from that parking lot the
(28:44):
same night, including my white's car. So they charged her
six hundred dollars to get it out of a tow,
and we want to know if we can go after
them for the six hundred dollars because they towed a
car where the handicap plattered on it.
Speaker 1 (28:55):
Yeah, but if you're not allowed to park there, you're
not allowed to park there. That's private prop. And the
problem is do they have to tell you it's private property?
Speaker 2 (29:05):
I don't think so.
Speaker 1 (29:06):
I think that they generally do put signs up, But
I don't think you have the right to park in
someone's lot. It's almost like you're parking in someone's backyard
if they have a parking space.
Speaker 9 (29:23):
So nocial is a commercial building though to space.
Speaker 1 (29:27):
I don't think it matters. I don't think it matters
the way I view it. You just can't park in
parking lots that are empty. Now there's a restaurant I
go to, which happens they have, strangely enough, a Chase Bank,
and the Chase Bank is about, I don't know, three
hundred four hundred yards from the restaurant, and after it closes,
(29:49):
a bunch of people park there. But it is private property,
and everybody sort of knows, and even the restaurant owner.
The staff of the restaurant say, hey, that is private.
I want you to know people have been told. However,
they haven't been because they don't enforce it for a
bunch of years. I think you're out of I think
you're out of luck. If I had to guess, I
(30:10):
don't even think that's much of a guess either Caarra, Hello,
Kara or Carra welcome.
Speaker 6 (30:17):
Hi.
Speaker 13 (30:18):
Yeah, yes, So I have a question about long term
health care insurance. So my friend is in the stages
of dementia. He should be automatically qualified. The insurance somebody
fought for like a year and a half to not
pay out at all. They finally started paying out. But
they're enforcing a monthly cap on home care that doesn't
(30:40):
exist in his contract because they're enforcing that he was
injured because he didn't have a caregiver at that time.
Speaker 2 (30:48):
How badly was he injured, Sagan, How badly was he injured?
Speaker 13 (30:54):
He fell and he practiced held us.
Speaker 10 (30:55):
It was pretty bad.
Speaker 13 (30:56):
He was in rehab hospital for.
Speaker 7 (30:58):
Like a month.
Speaker 1 (30:58):
Okay, And your question is.
Speaker 11 (31:05):
Is the insurance company liable for a personal injury?
Speaker 2 (31:08):
Because it may be it may be that is a
personal injury matter. It's not a clean one.
Speaker 1 (31:16):
In the sense of here's a car accident, here's someone
at fault, here's a slip and fall. Here is an
accident at a Walmart or a Costco where something falls
on your head from a shelf.
Speaker 2 (31:28):
I mean, those are clean.
Speaker 1 (31:29):
This one is a little more complicated, but it sounds
like there's a case there. So I'm going to suggest
you guys call the lawyers on handle on the Law
dot com and they'll tell you.
Speaker 2 (31:39):
I mean, these guys are good. That's why I created
handle on the Law dot Com.
Speaker 1 (31:43):
That's exactly the reason why, because this is a field
that I've always been interested in, and they know what
they're doing. So just go to the website and there's
a phone number and you just call the lawyer. It's
just say I was talking to Bill and he said
there may be something here.
Speaker 7 (31:57):
Okay, okay, Yeah, they're.
Speaker 2 (31:59):
Very well made. That is an interesting one. Now, bad
breath absolutely no fun.
Speaker 1 (32:07):
No matter what you eat, well, in my case, garlic
and onions, it can cause bad breath. And of course
I'm talking about Zelman's minty mouthmens and I have been
saying or telling you about it for months And for
those of you that have bought Zelman's Minty Mouthmens, you
know exactly what I'm talking about.
Speaker 2 (32:23):
Boy do they work.
Speaker 1 (32:24):
For those of you that have not, you have horrible breath.
You breathe on someone, they start reeling and almost keel over.
So what you can do is swallow or bite into
these little capsules that are coated with a mint.
Speaker 2 (32:39):
Pop two or three in your mouth.
Speaker 1 (32:41):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in your gut where it really starts. That's where
bad breath can start and stay there. And no other
mint does that at all. That's Zelman's Minty mouth Mins.
And of course I've been using them well as long
as they've been around. So go to Zelmans dot com
(33:03):
slash kf I My station Worry broadcast from zelman Z
E L M I n S dot com slash k
f I Zelmans dot com slash k f I.
Speaker 2 (33:16):
This is Handle on the Law.
Speaker 10 (33:19):
You're listening to Bill Handle on demand from k f
I A M six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is Handle
on the Law Marginal legual advice, where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
(00:22):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page.
Speaker 2 (00:29):
The followings up pre recorded.
Speaker 1 (00:30):
Program the ongoing story of the killing, the assassination of
the United Healthcare CEO Brian Thompson.
Speaker 2 (00:41):
And as we.
Speaker 1 (00:42):
Know, Luigi Mangioni was arrested and has been charged with murder.
And I don't know why this happens in New York
so many times it was son of.
Speaker 2 (00:51):
Sam and a bunch of other killers.
Speaker 1 (00:54):
Also going way back in history, Saco and Vinzetti. I
think we're in New York. Leopold and Lobe also New York.
Interesting historical little drops of little tidbits of history. You
can look those guys up. But it seems that New
York City is a place where it all happens. In
any case MANGEONI is arrested for shooting Brian Thompson in
(01:18):
the back of the head and after lying in wait
and assassinates him. All right, So now he goes into
prison and he is by law allowed to talk to
his attorney as often as he wants to. So what happens, Well,
there is a website set up on his defense by
(01:40):
his defense, and he is thanking people who have written
to him as he is jailed in a New York
City detention facilities. Probably rikers, I'm just guessing here. And
this is how crazy it has gotten. Women throw themselves
at these guys, knowing the heinous crimes they are committed,
(02:04):
they have committed, have already either been convicted, played guilty to,
or even been accused of. Women love these guys. Well,
I really like the bad boys. I mean the kind
that shoot people in the back of the head after
lying in wait. Yeah, those kind of bad boys. And
so hundreds of missives of proposals of marriage. I'm surprised
(02:27):
he hasn't published those. I once interviewed the wife of
the nightstalker who started writing to him in prison, and
he chose her out of the dozens who proposed marriage
and they got married. They got married in prison, and
I asked her, how could you marry such a guy,
(02:49):
because he's a wonderful human being. He killed all of
these women.
Speaker 2 (02:54):
Know he didn't.
Speaker 1 (02:56):
He's a nice, nice guy. He's innocent. Now did she
ever meet him? No? How did they get married? They
got married behind a plexiglass shield between them. They never
touched each other. But he's such a nice guy, Ted
Bundy remember him. I don't know how many women threw
themselves at him. Good looking guy, complete sociopath. All right,
(03:23):
let's take some phone calls. Kelly, Hello, Kelly, welcome.
Speaker 3 (03:30):
Hello, Yes, ma'am right. Question.
Speaker 4 (03:35):
So I went on SMLA for work and what's the
FM job.
Speaker 5 (03:41):
PAYD family?
Speaker 2 (03:43):
Oh okay, you went on PAYD family. Okay, got it?
Speaker 5 (03:47):
Uh huh okay. So my job was still taking paying
into my benefits and they weren't paying me. So I
was in receiving payment from EDD and they said that
want me to.
Speaker 6 (03:59):
Pay back like twenty seven hundred dollars that they were
paying when I was on the leave.
Speaker 5 (04:03):
And I'm trying to see if there's any legal recourse
or in Okay.
Speaker 1 (04:06):
Hold on, hold on, So you go on paid family leave.
You're not being paid by your employer, correct, No, okay,
you just went on paid family leave. Usually the employer
pays for that. So I'm a little concerned, not concerned.
I'm a little curious as to who paid you the benefits.
Speaker 7 (04:28):
Well, I think the benefits come through like edd.
Speaker 1 (04:33):
Okay if and I don't know if they do or not.
And now they want the money back from ed D
from you.
Speaker 5 (04:40):
Yeah, for the benefits that they said they were still
paying into my employee benefits.
Speaker 7 (04:45):
Okay, that's after you.
Speaker 2 (04:46):
Okay, that's after you.
Speaker 1 (04:47):
Okay, that's after you went to work, back to work.
They kept on paying, is that correct?
Speaker 7 (04:52):
Yes, No, they were paying while I was off on leave. Yeah,
going back to work.
Speaker 1 (04:57):
Okay, they still where they still paying after you came
back to work. Did you still get benefits? Yeah, okay,
that that's not your money. Of course, they're entitled to
get it back.
Speaker 2 (05:11):
Oh yeah, you.
Speaker 1 (05:12):
Know what if they make a mistake, they're allowed to
make a mistake, you know what I mean. Let me
ask you this, what if they by accident? How much
did you get on family leave? What was.
Speaker 2 (05:26):
Okay? What sixty five percent of your pay?
Speaker 6 (05:30):
Yeah?
Speaker 2 (05:31):
Okay, So let's say.
Speaker 1 (05:31):
Hypothetically, well, I'm just throwing numbers out, So hypothetically, let's
say you make one thousand dollars a month, okay, which
of course you don't. That means six hundred and fifty
dollars a month you're getting under the paid family leave.
What if they make a mistake and it turns out
to be sixty five thousand.
Speaker 2 (05:51):
Dollars because they missed a couple of decimals? Do you
keep it?
Speaker 5 (05:55):
No, I would give it back because I would know
I would have to be responsible for paying that back
to them.
Speaker 1 (06:01):
So why would you not be responsible when they keep
on paying you.
Speaker 2 (06:08):
That you don't deserve. You don't deserve the money.
Speaker 5 (06:13):
I guess you're right because I didn't know the law.
Speaker 1 (06:17):
You know, I am right, and they can't ask for
money back, and they do. And when you go on
paid family leave for example, or unemployment and you now
start working, it is your obligation to tell them, Hey,
I am I've gotten money, and how do I return it?
Speaker 2 (06:37):
Otherwise I mean, yeah, you're already caught.
Speaker 1 (06:40):
I mean sometimes you just shut up and at the
end of the year they miss an audit or whatever.
But yeah, if they've asked for the money back. You
absolutely pay for it, Carlos, welcome to handle.
Speaker 2 (06:53):
On the law.
Speaker 3 (06:55):
Good morning, sir, how are you?
Speaker 2 (06:56):
Yes, sir? What can I do for you?
Speaker 3 (07:00):
A question? I had a car accident and two years
ago I had a lawyer in the settlement. Was they
basically settled the process?
Speaker 2 (07:13):
Now?
Speaker 3 (07:14):
I was telling the person was the lady that answered
the phone earlier, that the police officer that showed up
to the accident basically reported an incident before, not an
accident report.
Speaker 1 (07:26):
Okay, So let me ask you. You said you already
settled the case.
Speaker 3 (07:31):
Well, yeah, they did settle, But I'm trying to go
against the police department because they filed the police because
the police officer filed a wrong a wrong paperwork.
Speaker 2 (07:41):
What do you mean why why can't he call it
an incident.
Speaker 3 (07:45):
Because there's no there's no information of the other driver.
The other driver fled on fo.
Speaker 1 (07:50):
Okay, So if he called it an accident, when you
get information on the other driver.
Speaker 3 (07:56):
Well that's the difference, right an accident report, it's it's it's.
Speaker 1 (08:00):
No no, no, no no no.
Speaker 2 (08:03):
It's an incident.
Speaker 1 (08:05):
And they don't go after drivers usually it's a hit
and run. They don't go after it, and you got
your money. By the way, Carlos, what difference does it make?
Speaker 2 (08:13):
Why do you want to go after the police department?
Speaker 1 (08:15):
What would you How much would you gain after you
settle the case if the police report read accident instead
of incident? How would you be ahead of the game?
Speaker 6 (08:27):
Uh?
Speaker 3 (08:28):
Well, I mean that's what I'm trying to figure out.
Speaker 2 (08:30):
How would you be ahead of the game?
Speaker 1 (08:32):
Just you know, answer the question. Do you think you
would be ahead of the game. Do you think you
would have gotten more money? Do you think no, No,
you think you would have gotten more if the cop
says incident instead of an accident.
Speaker 2 (08:44):
The guy fled, it was a hit and run.
Speaker 1 (08:47):
You got your money, all right, Thank you, sir?
Speaker 2 (08:52):
All right, you got it all right. Carlos is a genius.
Speaker 1 (08:55):
He he was on his way to his Mensa meeting
when he stopped buying and made the phone call.
Speaker 2 (09:00):
Excellent, Terry, Hi, Terry, Terry, This is Terry.
Speaker 1 (09:09):
This is not working this phone call either on a speaker,
someone else's talking to you. What's going on, Terry? I
can't I can't even hear you. Are you on a speaker?
Speaker 2 (09:30):
Okay? Great phone call, Terry, one of my best This
is handle on the law.
Speaker 1 (09:37):
This is handle on the law, marginal legal ad ad vice.
Speaker 8 (09:43):
Uh?
Speaker 2 (09:45):
Is that missed? Din or messtin last? Okay? What can
I do for you? Where's that from?
Speaker 8 (09:55):
This?
Speaker 2 (09:55):
I'm kind of you know, where's that name come from?
Speaker 7 (09:58):
I'm my to other Jamaican?
Speaker 2 (10:01):
Oh Jamaican. Okay, that's a great name, Messing. I haven't
heard it before. All right.
Speaker 1 (10:06):
I'm assuming you smoke a lot of pot, right, you
smoke a lot of pot.
Speaker 7 (10:12):
And the opposite, I've never smoked pot.
Speaker 1 (10:15):
You're Jamaican and you never smoke pot. There's something seriously
wrong with you. Grew up around seriously.
Speaker 4 (10:24):
Believe I grew up around it.
Speaker 7 (10:26):
Okay, I really just believe. I don't do it.
Speaker 2 (10:29):
Okay, fair enough? All right, what can I do for you? Messing?
Speaker 7 (10:33):
All right? So real quick?
Speaker 2 (10:34):
Uh?
Speaker 9 (10:35):
Caribbean.
Speaker 7 (10:36):
So that's a good thing I have on my teeth.
Did a little feeling. However, I require every three months
to get my teeth clean. Went to one place, went
to several of different Dennis and get my regular cleaning. However,
there's one tooth in particular that was a little problematic.
Went to one Dennis and they kind of did some
(10:58):
stuff with it. They did a they tried to do
a feeling on it, left a hole in it. Went
to another thenist for a second opinion on it. He
did my cleaning, regular cleaning, and the calls consultation which
I went in for a consultation and what procedure was
going to be done. I requested that he do. We
(11:18):
discussed that he's going to do a crown on a
particular too, with a possibility of extraction. However, I went
in for the crown. He did the extraction while under
local anesthetic. He decided to change a procedure and not
only did he remove a root canal crown that I had,
(11:40):
but also weakened the tooth that was around the extraction
and put a bridge. So now I'm having difficulty eating,
I'm having pain, and and now I while under local
he changed the proceedures, had me sign right there, do
(12:00):
I have a case?
Speaker 2 (12:01):
Okay?
Speaker 1 (12:01):
Well, here, hold on, here is you got a couple
of issues. Here issue number one. He's gonna say you
signed it voluntarily. You're gonna say I did it under
local anesthesia. By the way, local anesthesia does not change
your mindset. It's not like general anesthesia or you have
unless you're arguing nitrous ox side is that what they
call it nitrous where you really get loopy and you're
(12:23):
going to argue that he's going to say, no, that
didn't happen. So what you know that part I don't
know about. Now, if you're second dentist or another dentist
that you go to says he shouldn't have removed the bridge,
or he shouldn't have removed the tooth, put a crown,
put a bridge in there, you have trouble eating.
Speaker 2 (12:41):
That is a case.
Speaker 1 (12:43):
And the problem is is that enough of a case
to sue him as in superior court?
Speaker 2 (12:51):
Now if you sue him in in small claims court.
Speaker 1 (12:53):
Which in California is twelve thousand, five hundred bucks limit,
and let's say you sue for the twelve thousand, five
hundred dollars the dentist and appear and say, hey, I
did what was reasonable.
Speaker 2 (13:02):
Under the circumstances. And you're gonna say no, no, no, no,
you're not a dentist. He is. So you've got a
real issue there.
Speaker 1 (13:10):
What I would do and if it continues on, would
don't listen to me? Go contact a medical malpractice attorney
who's done dental malpractice. It's the same kind. It's the
same thing as someone a doctor screws up. Doesn't matter
if it's dental, medical or whatever. But someone who's done
dental malpractice who kind of knows what's going on. You
do a little bit of research and you call and
(13:31):
you say, hey, do I have anything here?
Speaker 2 (13:34):
And you might, but there might not be enough money.
That's the problem.
Speaker 1 (13:38):
I would feel much better had he taken it. I
would feel better if he take every single tooth out
of your mouth.
Speaker 2 (13:43):
I would feel better in terms of the case.
Speaker 7 (13:46):
Okay, how about the fact that I went in for
a consultation on the procedure that I wanted done.
Speaker 1 (13:51):
Well, but wait, wait, but you let him for that.
Speaker 2 (13:54):
Wait a second.
Speaker 1 (13:55):
You just did a consultation and he threw you into
the chair, and against your will, he did a procedure
on you.
Speaker 7 (14:02):
All right, So I went in for a consultation because
I've had this problem with Dennis before once.
Speaker 2 (14:07):
No, I get it. So you went in for a consultation.
Speaker 1 (14:10):
Why if you're just going for consultation, why would you
let him do any procedure on you if all you
wanted was a consultation.
Speaker 7 (14:17):
So before the procedure, I went in for a visit,
just for the consultation to end.
Speaker 1 (14:22):
Okay, so you went and okay, so he went for
the consultation, and then you decided to go forward with
a crown, correct, with a crown.
Speaker 2 (14:30):
Yes, okay, I get it, all right, we'll go around circles. Now,
I get it. So forget about the consultation.
Speaker 1 (14:35):
You agreed to have a dental procedure, and you're saying
it was the wrong dental procedure, and you're saying you
didn't consent to it because you were on local anesthesia.
And here are my damages. I can't talk anymore. I've
got real kinds of dental issues. This is when you
talk to a doctor, or excuse me, you talk to
a lawyer who has done dental malpractice.
Speaker 2 (14:56):
You get to do the research.
Speaker 1 (14:57):
But it's easy dental man practice attorney, you know, lawsuits, dentists, lawyers,
whatever you want.
Speaker 2 (15:04):
And then you just start talking.
Speaker 1 (15:06):
And my fear for you is there aren't enough damages
for a lawyer to take on this case because because
the insurance company of that doctor defends, now it could
be their willingness.
Speaker 2 (15:20):
I follow the grievents.
Speaker 7 (15:22):
Okay, So what unfortunate thing with the Grievans right now
is they they didn't just as them on the grievents. Well,
I cannot have any more medical procedure on Okay, I
got it.
Speaker 2 (15:33):
So here's what you do. That's part. That's part. That's
part of the conversation you have with the Dento mailpractice attorney.
Speaker 1 (15:39):
Now, let me tell you about LifeLock that has been
protecting me. I just got a new credit card, by
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let me tell you how quickly that happened. So they
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Speaker 2 (16:01):
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Speaker 1 (16:05):
Ten seconds later, I get a notice from LifeLock.
Speaker 2 (16:09):
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Speaker 1 (16:13):
To be protected by LifeLock certainly makes me feel a
whole lot better.
Speaker 2 (16:18):
That's what LifeLock is about.
Speaker 1 (16:20):
It's important to understand cybercrime, identity, theft affecting our lives,
and well, LifeLock does all of that.
Speaker 2 (16:26):
Even to the point where they did it for me yesterday.
Speaker 1 (16:31):
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risks to online identity theft.
Speaker 2 (16:35):
Because that's where it goes. People pretend it's you, pretend.
Speaker 1 (16:40):
You are where they are you, and you are nailed.
So let me tell you about LifeLock again. Here's what happens.
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(17:03):
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Speaker 2 (17:17):
This is Handle on the Law.
Speaker 10 (17:21):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (17:28):
This is Handle on the Law marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (17:36):
Napoleon, great name, Hi Napoleon.
Speaker 11 (17:40):
Yeah, go aheady.
Speaker 6 (17:42):
How's it going today? It's Saturday?
Speaker 1 (17:43):
To you?
Speaker 2 (17:44):
Go ahead.
Speaker 3 (17:44):
Thanks for being out here.
Speaker 6 (17:45):
I greatly appreciate you. Min Leisure the Radio Show. Yeah,
real brief, you had an advertisement about a half an
hour ago, maybe forty minutes now going into the broadcast
apartment landlord tenant issue should be fairly pretty simple, uh,
for you to wrap up for me. In this case,
(18:06):
let's see, moved into a property, a former property that
had just moved out of about about two weeks ago.
Speaker 8 (18:13):
UH.
Speaker 6 (18:14):
Landlord tenant, private dwelling couple was there for about nine months.
Speaker 1 (18:19):
Uh.
Speaker 6 (18:21):
Two or three months later they had a tenant move
in from Israel with with a mother dog with no shots,
no rabies into the eastman of the home. H in
a three plus unit air house kind of set up
like an Airbnb, main common areas, you know, private private rooms.
The mother had nine letters in puppies in the home
(18:43):
air ago. Long story short, there was there was a
yearine in fecal matter throughout his hallway, the bathrooms. UH,
the common areas. I lost my I had I was
in the process of going to school looking for jobs.
Lost probably about eight to ten hours, about eight hours
a day, seven days a week due to cleaning up
(19:04):
the home because none of the other tenants would want.
Speaker 3 (19:07):
To clean up.
Speaker 6 (19:08):
She asked us to take our shoes off of there. Okay,
it was pretty disgusting.
Speaker 2 (19:11):
Right, so you you owned the property? Do I have
that right?
Speaker 6 (19:16):
I was renting inside the proper, you were.
Speaker 1 (19:19):
Renting and okay, so you decided you were going to
clean up.
Speaker 6 (19:24):
I decided I was going to clean up because it's
a health it's a healthy.
Speaker 2 (19:26):
No, it is, No, it is a health issue. But
why would he the head side?
Speaker 1 (19:30):
Were the other tenants prepared to live, like to live
in that kind of uh filthy uh environment?
Speaker 4 (19:38):
Exactly?
Speaker 6 (19:38):
Who would have saw that coming? None of us? But
but the but the issue is she she she moved
the gentleman in from Israel with no shot papers to.
Speaker 2 (19:47):
Yeah, shot paper, it doesn't matter.
Speaker 1 (19:50):
Yeah, you've got you know, I don't know where to
even go on that one, because you have a.
Speaker 6 (19:55):
Taire playing with the Orange County.
Speaker 3 (19:57):
Yeah.
Speaker 1 (19:57):
Did the tenant move out, move on his own?
Speaker 2 (20:02):
Okay, So now you got a place. It's a filthy mess.
Speaker 1 (20:05):
And I would argue that the landlord would be responsible.
Did you ask the landlord, uh, the owner of the
property to clean it up?
Speaker 11 (20:15):
I did?
Speaker 4 (20:15):
I did, and they and they and they and.
Speaker 2 (20:17):
They said no.
Speaker 1 (20:18):
Right wow, all right, Well here's the point is you
volunteered to clean the place up. There's no contract there,
there's no agreement there. You just decided. I mean, you
could have moved and I'm surprised that. Let me ask you,
what would have happened if none of you cleaned it up?
Speaker 2 (20:38):
You were all prepared to live like that? I guess.
Speaker 4 (20:42):
That's a good question.
Speaker 2 (20:43):
Yeah, and that you know, are you going.
Speaker 7 (20:46):
To go on that one?
Speaker 2 (20:47):
And who do you want to sue? Lord?
Speaker 1 (20:49):
No agreement? Guy moved out for making your life miserable?
Where the hell is he?
Speaker 2 (20:54):
And it's yeah, I don't know where to go on
that one.
Speaker 1 (20:57):
I don't think you have much. I don't know where
you're going to go. You're gonna step in dog crap,
is what you're going to do. Hi Ann, welcome?
Speaker 11 (21:06):
Oh hi Bill? Yeah, quick question. I want to designate
beneficiaries for my retirement accounts and my savings accounts. Sure,
does this mean that that money is no longer available
for burial expenses and medical clawbacks?
Speaker 2 (21:26):
Oh, it's a good question.
Speaker 1 (21:29):
If they are the beneficiaries of the account, then they
get the account. Okay, that's easy, and that means that
they don't have to pay that So now that gets interesting. Yeah,
basically they get the money. Here's the account. They just
(21:49):
have to prove you're dead. And so you're sitting someplace
camped out and there's no money there to pay for it.
So you can set up an account where you have
a different account and the beneficiary becomes the or you
just you have no beneficiaries on that you just own
the account.
Speaker 2 (22:11):
Or you make sure there's money left over.
Speaker 1 (22:14):
You don't just leave it to all just they become
all beneficiaries.
Speaker 11 (22:20):
Okay, So basically you're saying that that money is not
subject to medical clawback.
Speaker 1 (22:27):
Boy, I don't know if that's medica. I have no
idea on that one. She's she knows more about this
than I do. Boy, getting a lot of these these
past hours bill about that.
Speaker 2 (22:35):
I have no idea.
Speaker 1 (22:37):
I should you know what I should do is I
should ask these people this show should.
Speaker 2 (22:42):
Be listener on the law. That would be especially today.
It's a weird day, Hirena.
Speaker 8 (22:50):
Welcome, Hi, thank you. I'm a partner in a shopping
center and for the last two years we've been fighting
the city because the state is mandating housing no matter
what happens to anybody else around it. We're the shopping
center behind where they're putting in an infield project. And
(23:15):
the thing that's happening is that we had a parking study.
We've been battling this for two years, and we had
a parking study done. We presented it to the city council,
and the city council, because they're mandated by the state,
voted two to three, two for it and three against it.
(23:37):
I mean two three were for the project. So the
project went forward. And now we're thinking of suing the
city to see if we can have the building and
safety people to look at the parking because it's not
going to work.
Speaker 2 (23:54):
Well, here's the problem.
Speaker 1 (23:56):
You have state law that overrides any local order.
Speaker 2 (24:01):
When the state mandates.
Speaker 1 (24:03):
That a city has to follow it, it's a question
of supremacy. That state law superseded city law, and then
federal law.
Speaker 2 (24:12):
Supersedes state law, and that puts.
Speaker 1 (24:15):
You in an interesting position because under state law, you
are under city law.
Speaker 2 (24:20):
You may not have enough parking.
Speaker 8 (24:26):
Our center won't have enough parking.
Speaker 1 (24:27):
No, they're not taking Maybe I'm misunderstood. They didn't take
any of your parking right.
Speaker 8 (24:33):
Well, they do because IHOP is right next door to us,
and sometimes they park in our parking. Lot, and we
practically we're usually one hundred percent full. People don't move
because the partners own the building and we usually have
just enough for us. We don't have any extra parking.
Speaker 1 (24:53):
Okay, now you've got a complicated issue.
Speaker 2 (24:57):
Have you talked to a real estate lawyer?
Speaker 8 (25:02):
Yes, and they want to charge us a starting fee
of fifty thousand dollars.
Speaker 2 (25:08):
Because it's a it's a yes, yeah, I can see that.
I think you have to.
Speaker 8 (25:14):
We're not the only city fighting a couple of other
now that yeah.
Speaker 2 (25:20):
Things where you have to just a group of you
or the partners.
Speaker 1 (25:23):
Everybody has to find a lawyer's and it's expensive because
it's complicated, complicated law.
Speaker 2 (25:28):
So I don't even know where I would tell you
to go. I would be in.
Speaker 1 (25:31):
The same position you are fifty thousand dollars and it
doesn't matter because Okay, let's say you have a ten
thousand dollars retainer. You're going to blow through fifty thousand
dollars anyway because it's just that complicated. You're doing a
city that is mandated to do something by the state.
Speaker 2 (25:50):
Can you imagine that kind of litigation?
Speaker 1 (25:53):
This is handle on the law to handle on the law.
Marginal legal advice.
Speaker 2 (26:02):
Herb, Hello, Herb, Hi.
Speaker 12 (26:05):
There, I have a head of small business back in
twenty thirteen, and I was it's worth about one hundred thousand.
Speaker 4 (26:18):
That's what I sold it for. The guy missed the
last three payments on how this?
Speaker 2 (26:25):
What dates were the last three payments due?
Speaker 4 (26:32):
About two thousand?
Speaker 3 (26:33):
No?
Speaker 2 (26:34):
No, no, no, I don't know the money. What were the dates?
When was the last payment made?
Speaker 8 (26:40):
Oh?
Speaker 4 (26:41):
The last payment was made in two thoy and fourteen?
Speaker 8 (26:46):
Why?
Speaker 6 (26:47):
Okay?
Speaker 1 (26:47):
Great, So it's been ten years since the last payment
was made. You think you would have done something a
little earlier than this.
Speaker 4 (26:57):
You mean me do something?
Speaker 2 (26:59):
You do something? Yeah, he owes you what X dollars?
Speaker 1 (27:03):
He misses the last three payments and the last one,
so he stops paying you in twenty fourteen. Right, there's
something called the statute of limitations.
Speaker 2 (27:14):
You can't come back ten years later.
Speaker 4 (27:17):
I don't want to go after him for the stuff.
He's out of business, he's not doing anything. I wanted
to resume the business.
Speaker 1 (27:24):
Well it's not yours, so you want to resume the business?
Speaker 2 (27:32):
Was there equipment? There? Was it a distributorship? What kind
of business was this?
Speaker 4 (27:35):
Herb A little bit more of a I made appointment books,
so it's a little bit of a distributorship. And I
have several clients coming back to be saying, can you
make some of this because we can't get it anyway.
Speaker 2 (27:49):
Yeah, there is, of course you can. Of course you can.
Speaker 4 (27:53):
I don't put my name on it. All of them
are blank.
Speaker 2 (27:55):
I put out.
Speaker 1 (27:56):
You can put your name on it. Herb, you can
put your name on it. He's gone out of business,
he's given on many.
Speaker 2 (28:01):
You know, he's done. He's done. You're fine. He's breached
the contract just started up again.
Speaker 11 (28:07):
Got it.
Speaker 2 (28:08):
Yeah, it's just nothing happened.
Speaker 1 (28:09):
I mean, you can't sue him, but he's not around
any longer.
Speaker 2 (28:17):
Hey, Ken, welcome to handle on the law morning Bill.
Speaker 9 (28:22):
Yes, two weeks ago, my wife went to Knotsberry Farm
and parked across the street at a Chase Bank. She
was parked in a handicapped spot. She had her handicapped
placard displayed, and there's no restrictions on this parking lot
as as far as we're aware of. However, towing company
towed a bunch of cars from that parking lot the
(28:44):
same night, including my white's car. So they charged her
six hundred dollars to get it out of a tow,
and we want to know if we can go after
them for the six hundred dollars because they towed a
car where the handicap plattered on it.
Speaker 1 (28:55):
Yeah, but if you're not allowed to park there, you're
not allowed to park there. That's private prop. And the
problem is do they have to tell you it's private property?
Speaker 2 (29:05):
I don't think so.
Speaker 1 (29:06):
I think that they generally do put signs up, But
I don't think you have the right to park in
someone's lot. It's almost like you're parking in someone's backyard
if they have a parking space.
Speaker 9 (29:23):
So nocial is a commercial building though to space.
Speaker 1 (29:27):
I don't think it matters. I don't think it matters
the way I view it. You just can't park in
parking lots that are empty. Now there's a restaurant I
go to, which happens they have, strangely enough, a Chase Bank,
and the Chase Bank is about, I don't know, three
hundred four hundred yards from the restaurant, and after it closes,
(29:49):
a bunch of people park there. But it is private property,
and everybody sort of knows, and even the restaurant owner.
The staff of the restaurant say, hey, that is private.
I want you to know people have been told. However,
they haven't been because they don't enforce it for a
bunch of years. I think you're out of I think
you're out of luck. If I had to guess, I
(30:10):
don't even think that's much of a guess either Caarra, Hello,
Kara or Carra welcome.
Speaker 6 (30:17):
Hi.
Speaker 13 (30:18):
Yeah, yes, So I have a question about long term
health care insurance. So my friend is in the stages
of dementia. He should be automatically qualified. The insurance somebody
fought for like a year and a half to not
pay out at all. They finally started paying out. But
they're enforcing a monthly cap on home care that doesn't
(30:40):
exist in his contract because they're enforcing that he was
injured because he didn't have a caregiver at that time.
Speaker 2 (30:48):
How badly was he injured, Sagan, How badly was he injured?
Speaker 13 (30:54):
He fell and he practiced held us.
Speaker 10 (30:55):
It was pretty bad.
Speaker 13 (30:56):
He was in rehab hospital for.
Speaker 7 (30:58):
Like a month.
Speaker 1 (30:58):
Okay, And your question is.
Speaker 11 (31:05):
Is the insurance company liable for a personal injury?
Speaker 2 (31:08):
Because it may be it may be that is a
personal injury matter. It's not a clean one.
Speaker 1 (31:16):
In the sense of here's a car accident, here's someone
at fault, here's a slip and fall. Here is an
accident at a Walmart or a Costco where something falls
on your head from a shelf.
Speaker 2 (31:28):
I mean, those are clean.
Speaker 1 (31:29):
This one is a little more complicated, but it sounds
like there's a case there. So I'm going to suggest
you guys call the lawyers on handle on the Law
dot com and they'll tell you.
Speaker 2 (31:39):
I mean, these guys are good. That's why I created
handle on the Law dot Com.
Speaker 1 (31:43):
That's exactly the reason why, because this is a field
that I've always been interested in, and they know what
they're doing. So just go to the website and there's
a phone number and you just call the lawyer. It's
just say I was talking to Bill and he said
there may be something here.
Speaker 7 (31:57):
Okay, okay, Yeah, they're.
Speaker 2 (31:59):
Very well made. That is an interesting one. Now, bad
breath absolutely no fun.
Speaker 1 (32:07):
No matter what you eat, well, in my case, garlic
and onions, it can cause bad breath. And of course
I'm talking about Zelman's minty mouthmens and I have been
saying or telling you about it for months And for
those of you that have bought Zelman's Minty Mouthmens, you
know exactly what I'm talking about.
Speaker 2 (32:23):
Boy do they work.
Speaker 1 (32:24):
For those of you that have not, you have horrible breath.
You breathe on someone, they start reeling and almost keel over.
So what you can do is swallow or bite into
these little capsules that are coated with a mint.
Speaker 2 (32:39):
Pop two or three in your mouth.
Speaker 1 (32:41):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in your gut where it really starts. That's where
bad breath can start and stay there. And no other
mint does that at all. That's Zelman's Minty mouth Mins.
And of course I've been using them well as long
as they've been around. So go to Zelmans dot com
(33:03):
slash kf I My station Worry broadcast from zelman Z
E L M I n S dot com slash k
f I Zelmans dot com slash k f I.
Speaker 2 (33:16):
This is Handle on the Law.
Speaker 10 (33:19):
You're listening to Bill Handle on demand from k f
I A M six forty
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