Speaker 1: You're listening to Bill Handle on demand from kf I
Speaker 1: Am six forty.
Speaker 2: KF five AM six forty a bill Handle here.
Speaker 3: It's a Saturday morning right up until eleven o'clock, and
Speaker 3: I'll continue to take phone calls, but I'll tell you
Speaker 3: about that later on.
Speaker 2: In the meantime.
Speaker 3: The phone number here eight hundred five two zero one
Speaker 3: five three four, and it is the top of the hour,
Speaker 3: which means lines are generally and they are open, So
Speaker 3: jump in eight hundred five two zero one five three four.
Speaker 3: Eight hundred five two zero one five three four last hour.
Speaker 3: Boy did I get into it with a woman who
Speaker 3: she just didn't want to hear what I had to say.
Speaker 3: I don't know why people bother, but they you know,
Speaker 3: fighting is fighting, and it's always fun to do an
Speaker 3: oultier k an altercation or two. Eight hundred five two
Speaker 3: zero one five three four. That's the number to hit.
Speaker 3: That's not number to dial. Welcome to Handle on the law.
Speaker 3: Marginal legal advice where I tell you have absolutely no case.
Speaker 3: This is a case that has being was looked at
Speaker 3: very very carefully, and that has to do with the
Speaker 3: Texas Republicans redistricting taking the map of their congressional districts
Speaker 3: and reshaping those districts jerrymandering, if you will, so that
Speaker 3: Republicans are mainly in certain districts to effectually add Republican districts.
Speaker 3: And the way it's done is you take all the
Speaker 3: Democrats and you draw a line around the Democrats, and
Speaker 3: you can draw a really weird, weird line with little
Speaker 3: peninsulas and indentions and whatever, and so all the Democrats
Speaker 3: are in that area, which means that the Democrats that
Speaker 3: used to be in the other area are no longer there.
Speaker 2: And in the reverse, the Republicans.
Speaker 3: That used to be in those democratic or primarily democratic
Speaker 3: areas aren't there anymore because of the redistricting.
Speaker 4: They are now.
Speaker 3: In what is primary primarily Republican areas, which means that
Speaker 3: those particular districts are probably going to probably going to
Speaker 3: go Republican. And with that, five new seats are being
Speaker 3: created that are probably going probably going to lean.
Speaker 2: I mean, there are no seats are being.
Speaker 3: Created, but the way it is drawn up jerrymandering, redistricting.
Speaker 3: All right, Well, it was sued, there was a lawsuit
Speaker 3: that hit a whole bunch of people. Districts, you had
Speaker 3: school boards individuals. We're arguing that the districting, the redistricting
Speaker 3: of those those congressional districts, was not really politics.
Speaker 2: It was race. That's what the Texas legislation sure was doing.
Speaker 3: It was segregating white from black because the Democrats in
Speaker 3: that area are primarily black. Republicans majority white. And so
Speaker 3: the argument was, you guys, did this for racial purposes.
Speaker 3: Now for political purposes. It's okay, purely political purposes. For
Speaker 3: racial purposes, it's unconstitutional.
Speaker 2: You can't do that.
Speaker 3: So that was the case going up to the Supreme Court,
Speaker 3: and you had the Democratic leaders and folks that were
Speaker 3: against this redistricting filing that lawsuit saying it's rac it's
Speaker 3: racist race, and the Republicans are saying, no, it's not,
Speaker 3: it's politics as politics as politics. Well, the court gave
Speaker 3: it to the Texas Republicans. The Supreme Court gave it
Speaker 3: to them, saying it is not race, it is politics,
Speaker 3: and we're going to let this fly. Another reason that
Speaker 3: they're doing this the court has done this outside of
Speaker 3: that decision is that the Supreme Court gives tremendous power
Speaker 3: and leeway to state legislators also congress it's their job
Speaker 3: to legislate. It's not our job to legislate. We merely interpret.
Speaker 3: And so the court said that this is an issue
Speaker 3: of interpretation.
Speaker 2: We've decided it is not racial.
Speaker 3: The fact that the Republicans happen to control the Legislative House.
Speaker 2: Okay, so they happen to control it.
Speaker 3: They have the ability to read district whenever they want,
Speaker 3: because that's the other issue. They're redistricting in the middle
Speaker 3: of the census period, and traditionally it happens at the
Speaker 3: end of the census whenever census are taken. But it's
Speaker 3: gone the other way too. So the legislature was in
Speaker 3: its power to do what it did. It was not
Speaker 3: racial in makeup. And so the Texas Republicans win this one.
Speaker 1: Oh.
Speaker 3: By the way, this started with President Trump and he
Speaker 3: told the Texas Republicans to.
Speaker 2: Do exactly that.
Speaker 3: And I think Carolina, either North Carolina or South Carolina
Speaker 3: followed suit. And I think you have Missouri now doing
Speaker 3: the same thing. California with Prop. Fifty went the other
Speaker 3: way and there was a fight, and that's that continues on.
Speaker 3: It's gonna be very interesting to see what happens. All right,
Speaker 3: let's do it with handle on the law. Joanna, Hello, Joanna, welcome.
Speaker 5: Oh hi Bill, let me set me off the speaker. Yeah. So,
Speaker 5: first of all, I'm a senior citizen, so I don't
Speaker 5: know if this plays into it. But I have a
Speaker 5: camping van and I had a repair made in jail,
Speaker 5: and I don't use the van all the time because
Speaker 5: it's a camping van. And so a couple of months later,
Speaker 5: when I was using it, I noticed that on the
Speaker 5: level highest level of the air conditioner blower, it does
Speaker 5: not blow at all level four. So they replaced the
Speaker 5: heater core. It's a folk citing camping van. And I
Speaker 5: looked up and indeed, that can happen when they replaced
Speaker 5: the heater core. So I called and I.
Speaker 3: Got, okay, hang on glowing, let me there's a little
Speaker 3: bit of confusion here.
Speaker 4: Uh.
Speaker 3: They replaced the heater core and you looked it up,
Speaker 3: and the problem that you had can come.
Speaker 2: Out of a replaced heater core.
Speaker 5: Mm hmm.
Speaker 3: Okay, So they put in a heater core that sometimes
Speaker 3: goes south. A new heater core sometimes doesn't work correct
Speaker 3: on that level four.
Speaker 2: Okay.
Speaker 5: So when I called, which was a couple of months later,
Speaker 5: because I don't use it, I'm senior. I don't even
Speaker 5: know what to check for. I didn't even know what
Speaker 5: to do. So the man was so aggressive, yelling and
Speaker 5: screaming at me, and I said, sir, he said, this
Speaker 5: isn't the part that I said. I know, but this
Speaker 5: does happen with level four. He said, I'm going to
Speaker 5: hang up on you, and he hung up and wouldn't
Speaker 5: talk to me. All right, And then I had someone
Speaker 5: else call for me, same thing. He just screaming and
Speaker 5: yelling and hanging out. So I'm kind of intimidated to
Speaker 5: go there. I don't know what to do.
Speaker 2: You're not going to go there.
Speaker 3: You'd assume a small claims court. And what you're going
Speaker 3: to do is whatever the cost of replacing that heater
Speaker 3: core is, is what.
Speaker 2: You are going to sue him for. Now. What is
Speaker 2: his defense?
Speaker 3: Exactly what you said, and that is we will put
Speaker 3: in Sometimes when we put in a new heater core,
Speaker 3: it doesn't work. That is not our problem. What we
Speaker 3: do is supply a new heater core. We put it in.
Speaker 3: We've bought the equipment, we did the labor, and if
Speaker 3: you have a problem, you go after the manufacture, not me,
Speaker 3: And so you get to go file lawsuit against the
Speaker 3: manufacture of the heater core because I think he's got
Speaker 3: a defense.
Speaker 2: I think he has a defense.
Speaker 5: But here's the thing I looked up in this this
Speaker 5: particular problem. When they put in the heater core, it
Speaker 5: should just be a wire that's bumped. It can be
Speaker 5: it's only something that happens when they are putting in
Speaker 5: the heater core. They bump something or sensual.
Speaker 2: Okay, or you didn't tell me that.
Speaker 3: The only way it can happen if they negligently put
Speaker 3: in the heater core.
Speaker 2: Correct. They have to do something wrong, is that right? Okay?
Speaker 3: So here's what you have to do is bring someone
Speaker 3: else in because you won't talk to you fix it.
Speaker 3: And there's the amount of money that is now. Oh,
Speaker 3: first you make a demand in writing of the pair man,
Speaker 3: the first guy, and you tell him, I expect you
Speaker 3: to pay for it. Here's the bid. I got to
Speaker 3: repair it or you come out and repair it. He's
Speaker 3: probably gonna ignore you. And then you file a small
Speaker 3: claim suit action against him. And the fact that you
Speaker 3: are elderly. How old is elderly?
Speaker 2: How old are you three?
Speaker 5: Three?
Speaker 2: You're seventy three? Yeah, yeah, you're not elderly. I mean
Speaker 2: not today.
Speaker 3: You know, seventy three is a new seventy two, so
Speaker 3: it really doesn't matter. So when you are over I
Speaker 3: think seventy two or sixty five, whatever it is, you can.
Speaker 2: Speed up going to trial.
Speaker 3: I don't know if that happens in small claims court
Speaker 3: whether you can speed it up, because it goes pretty
Speaker 3: quickly anyway, and you can't have a lawyer, and you
Speaker 3: just make the argument. You bring someone else in who
Speaker 3: does the whole thing, and you have the bid, you
Speaker 3: have what was wrong with it, and there it is.
Speaker 3: So first the demand, he'll ignore it. Then you get
Speaker 3: the bid and you tell him this is when I
Speaker 3: get a cost. You go ahead and pay for this
Speaker 3: or repair, and then you sue in small claims court.
Speaker 2: That's it.
Speaker 5: My question. Do I send the letter the demand letter?
Speaker 5: Do I send it registered mail?
Speaker 2: Yes?
Speaker 3: Yes, yes, you do email, You do registered mail, You
Speaker 3: do everything you can, you send it via camel, whatever
Speaker 3: you can to make sure that he can't say I
Speaker 3: never got it.
Speaker 5: His argument. Other argument was, so you're yelling and screaming
Speaker 5: at me. I said, just wait, I know what you're saying,
Speaker 5: but this is something, oh that doesn't matter.
Speaker 3: Yeah, it doesn't matter. Yeah, the screaming doesn't matter. Court
Speaker 3: doesn't care about that. Scream right back.
Speaker 2: Yell at him.
Speaker 3: When you call him up and you say you got
Speaker 3: to repair it, just scream at him, same way. It's
Speaker 3: all you have to do. It's not that complicated. Yeah,
Speaker 3: Courts don't care how people act toward each other unless
Speaker 3: they're threats. And he was just being obnoxious. He just
Speaker 3: sounded like a complete bastard. That's all this is. Handle
Speaker 3: on the Law, can't find a m A six forty,
Speaker 3: don't handle Saturday morning right up until eleven o'clock. Richard
Speaker 3: Murrow from eleven to two, and Neil Savadria with the
Speaker 3: Fork Report All Things food and food Ease from two
Speaker 3: to five. The phone number here for marginal A little
Speaker 3: lesson Marginal, A little less than that eight hundred five
Speaker 3: two zero one five three four eight hundred five two
Speaker 3: zero one five three four. Oh, welcome back, Handle on
Speaker 3: the Law, Marginal Legal Advice, John.
Speaker 2: Welcome John, Yes, h right, All right.
Speaker 4: Well, I got a I got a pretty complicated situation here.
Speaker 4: Hellong story, but I'll try to be brief. I borrowed
Speaker 4: my sister's car. She hates me all this, and she
Speaker 4: took my cell phone because I wanted to call my
Speaker 4: accountant where I used to live, so she wouldn't give
Speaker 4: it to me. And the bottom line is I took
Speaker 4: her car, drove to where my accountant lives, which is
Speaker 4: about an hour and a half away, in the middle
Speaker 4: of the night, doing like one hundred miles an hour
Speaker 4: on the freeway. Anyway, I get to it. How we talk.
Speaker 4: He takes care of my tax problem. And she had
Speaker 4: loadjack on her car. And it's a piece of shoe.
Speaker 4: It's a nineteen ninety eighty.
Speaker 3: Well me, okay, I'm a little I'm a little confused.
Speaker 3: She you hate her, yet you borrowed her car. She
Speaker 3: let you borrow it? Is that right?
Speaker 4: Okay? So the bottom eye line is she reports it stolen,
Speaker 4: I go to jail. She won't drop the charges. So
Speaker 4: now I'm trying to get it expunged off my record
Speaker 4: because Okay, I had a public November. I was homeless, Okay,
Speaker 4: I was living in the park.
Speaker 3: Yeah, Unfortunately that doesn't matter as far as the law
Speaker 3: is concerned.
Speaker 2: So, uh, there you are.
Speaker 3: You were convicted of grand theft auto effectively correct? Yeah, correct, okay,
Speaker 3: And uh that's it. That's the felony you were convicted of.
Speaker 3: I have that writer.
Speaker 2: There are other crimes, correct, correct, Okay.
Speaker 4: Well there's there's a few other things that took place
Speaker 4: while I was homeless too that I got arrested for
Speaker 4: as well.
Speaker 3: That what happened in those cases. This was after the
Speaker 3: after you were convicted for the auto deft.
Speaker 4: Super quick, somebody stole my bike. I'm living in the park.
Speaker 4: One of the homeless people there goes, oh, hey, man,
Speaker 4: I have a bike, just go pick it up.
Speaker 3: So okay, so that doesn't matter, but I don't care.
Speaker 3: I don't care about the facts of that. Were you
Speaker 3: convicted of any crime while you were homeless?
Speaker 4: Yes? Three.
Speaker 2: You were convicted of three more crimes. One was the
Speaker 2: what were the trouble? A total of three okay, and
Speaker 2: those crimes were what.
Speaker 4: Okay, first one my sister, right right.
Speaker 2: I understand that loads got it.
Speaker 3: I got it, I got it load Jack okay, yeah, okay.
Speaker 4: So so I don't want to go back to my
Speaker 4: accountant's house to be embarrassing. So I walked briefly down
Speaker 4: the street I lived in. Uh well, I don't want
Speaker 4: to say any cities. I walked down the street and
Speaker 4: I see this Ford Bronco all smashed up off road,
Speaker 4: vehicle had been rolled, the workless, cave in, windows broken,
Speaker 4: muddle over.
Speaker 2: Did you take it?
Speaker 1: So?
Speaker 4: I took it?
Speaker 2: Okay, took it.
Speaker 4: I drove it fifty.
Speaker 3: Okay, that's still theft. If it's worth over one thousand
Speaker 3: dollars or nine hundred and fifty bucks, that's still fa Okay.
Speaker 3: So there's another Okay, there's another with a language, So
Speaker 3: the guy who stole it. So you stole a stolen car, right, okay?
Speaker 3: And you were convicted, but you're still convicted of that theft? Yeah, okay,
Speaker 3: what's the next one?
Speaker 4: And then the bicycle?
Speaker 2: Okay? So you were So you have three convictions? And
Speaker 2: what what? What is all right? Okay? Burkelary, all right?
Speaker 2: Was it the conviction for as a felony or misdemeanor?
Speaker 2: Fellenny felony? So you have three felonies on your record?
Speaker 2: What is your question?
Speaker 4: How do I get them expounds?
Speaker 2: Good luck?
Speaker 3: Okay, because you have some violent crimes involved in that.
Speaker 2: They are felonies. When did this happen? John? How long
Speaker 2: are you?
Speaker 4: April thirteen, twenty twenty three.
Speaker 3: Oh, so you're only talking to a couple of three years. Yeah,
Speaker 3: not gonna happen. Not gonna happen. Misdemeanors can be expunged.
Speaker 3: Felonies very very difficult. And then you're talking. You know,
Speaker 3: in some cases you can't at all because the law
Speaker 3: is crystal there.
Speaker 2: In some cases it is wobbler. They can go either way.
Speaker 2: One okay, one more thing, yeah, one more real quickly?
Speaker 4: Okay. So when I went into Ventura County, I weighed
Speaker 4: two hundred and thirty pounds. I'm six foot four, played
Speaker 4: football my whole life, right, I was a commissioner for
Speaker 4: the city. I list okay, right, all right, okay. When
Speaker 4: I came out, I weighed one hundred.
Speaker 3: Ft against the county. Having nothing to do with your felonies.
Speaker 3: It's a separals, it's a several. It's a separate civil suit,
Speaker 3: which is eminently defensible.
Speaker 2: You are so out of luck.
Speaker 3: It was a bunch of long stories, and these are
Speaker 3: sab stories.
Speaker 2: Now.
Speaker 3: The stop stories have to do with mitigating the sentence,
Speaker 3: and that is when a conviction happens. And now you're
Speaker 3: looking at, for example, ten to twenty hypothetically. Then you
Speaker 3: throw the sob stories up. Then you ask for the minimum,
Speaker 3: then your return he goes, but your honor.
Speaker 2: Look at this.
Speaker 3: He was in the big murder cases, abused as a kid,
Speaker 3: mentally ill. In John's case, look at everything that happened
Speaker 3: to him. He turned out to be homeless when he
Speaker 3: stole the bicycles. Look what the circumstances are when he
Speaker 3: took his sister's car.
Speaker 2: I mean all of that, but the conviction not so good. Now,
Speaker 2: let me tell you when you do need a lawyer.
Speaker 3: If you've been injured, let's say, get a car accident,
Speaker 3: or you go to a big box store and a
Speaker 3: big box falls on your head.
Speaker 2: I've had those happen. Or you're t boned, it doesn't matter.
Speaker 3: So if you've been injured in anyone of these vehicle
Speaker 3: accidents or slipping falls, and now you're going after whoever,
Speaker 3: you're going after the driver of the other car, you're
Speaker 3: going after the store. And the more you're injured, the
Speaker 3: more serious it gets, and the more you need an attorney.
Speaker 3: Because at the other side, the insurance companies you are
Speaker 3: going to be talking to, they're really good at not
Speaker 3: paying you. That's what they do. These people make a
Speaker 3: living not paying you or paying you less money. This
Speaker 3: is where a lawyer comes in and a good lawyer
Speaker 3: who represents you, and the good lawyer charges a percentage
Speaker 3: of what is collected. There's never money out of pocket.
Speaker 3: So how do you know when you have a good lawyer?
Speaker 3: Do you look at one of those billboards? Do you
Speaker 3: hear one of the commercials on radio or TV? And
Speaker 3: some of these lawyers are excellent, by the way, not
Speaker 3: arguing with that, some not so much. So how do
Speaker 3: you know? Well, this is why I created handle on
Speaker 3: the law dot Com.
Speaker 2: Handle on the law dot Com is.
Speaker 3: About vetted lawyers who if there is a phone call,
Speaker 3: if there is a problem, I make the phone call
Speaker 3: to the lawyer and I've done that.
Speaker 2: A couple of times over the years.
Speaker 3: So not your fault injured contact Handle on the law
Speaker 3: dot com. Handle on the law dot com. This is
Speaker 3: handle on the law.
Speaker 1: You're listening to bill Handle on demand from Kfi A
Speaker 1: M six forty.
Speaker 2: KFI.
Speaker 3: Handle here Saturday morning right up until eleven o clock.
Speaker 3: Phone number here to call in and ask me a
Speaker 3: marginal question. Where I give you marginal advice is eight
Speaker 3: hundred and five to zero.
Speaker 2: One five three four Welcome back.
Speaker 3: Handle on Law marginal legal advice. Steve, Hello, Steve, Europe, welcome.
Speaker 4: Handle.
Speaker 1: So yes, I buy a house in Yorba Linda. It
Speaker 1: has a right of way eastman three hundred feet from
Speaker 1: the road, and it is thirteen feet wide. When I
Speaker 1: looked at my title and I went to the city
Speaker 1: and I looked at the survey, it's supposed to be
Speaker 1: twenty feet wide, not thirteen feet wide. Do I have
Speaker 1: the right to take this seven feet from the neighbor?
Speaker 2: Okay?
Speaker 3: It's a first of all, you talking about an easement,
Speaker 3: so it's a the ability to use it. If you're
Speaker 3: talking about taking it, what do you plan. Let's say
Speaker 3: you take back the seven feet. What are you gonna
Speaker 3: do with it?
Speaker 1: Just because we're thirteen feet It is not possible, for example,
Speaker 1: for one car to be part an emergency vehicle to
Speaker 1: enter my home.
Speaker 2: Okay, got it? So it has to stay open. There's
Speaker 2: no stay open.
Speaker 1: Anybody can access it.
Speaker 2: Right, Okay, fair enough.
Speaker 3: And so it was represented to you as a twenty
Speaker 3: foot eastman and now you find out it's a thirteen
Speaker 3: foot easement. Correct, Yes, physically okay, god, okay, Okay.
Speaker 2: There's a there's a few things that you can do uh.
Speaker 3: First and foremost, I think you can just unravel the sale,
Speaker 3: just unravel it.
Speaker 2: When was when was his property by Steve? When when
Speaker 2: did you buy?
Speaker 4: Oh?
Speaker 2: Okay, so you're okay, you're well within the statue.
Speaker 3: So uh you can just say I want my money back,
Speaker 3: you have your property back.
Speaker 2: That's one thing you can do.
Speaker 4: Uh.
Speaker 2: The other thing you can do is to.
Speaker 3: Figure out, uh, the value of the home at thirteen
Speaker 3: foot easement versus a twenty foot easement.
Speaker 1: But it is not possible if I just to add
Speaker 1: to this with because.
Speaker 3: This now, no, you can't you know, it's already recorded
Speaker 3: as that with You can't just walk in no, unless
Speaker 3: it's recorded that you have a twenty.
Speaker 1: Foot yes, this this is my point. The title, the
Speaker 1: title report says twenty feet. This title is thirteen feet.
Speaker 3: All right, I understand, I understand. And what you're saying
Speaker 3: is you are out thirteen feet. Title says that you
Speaker 3: have the twenty foot easement and they sold it to
Speaker 3: you as a they sold it to.
Speaker 2: You with only thirteen feet.
Speaker 3: Okay, you have been damaged seven feet and what can
Speaker 3: you do with it? Well, stays an easement was the
Speaker 3: value of the property. It's gone down for sure. Now
Speaker 3: you file a lawsuit. You can file a lawsuit, which
Speaker 3: you have to basically unless well, no, you already own it.
Speaker 3: I mean you own the twenty feet, so now what Okay,
Speaker 3: you own the twenty feet so okay, so I don't
Speaker 3: understand if you own the twenty feet, what's happening with
Speaker 3: the property now?
Speaker 2: No?
Speaker 1: No, okay, I'll explain. Okay again right now, the easement physically,
Speaker 1: if you go to my house and you take a
Speaker 1: tape measure, it is thirteen feet by three hundred feet long.
Speaker 2: Yeah, I understand.
Speaker 3: What do you And here's my point, what do you
Speaker 3: What are you using that extra seven feet for?
Speaker 1: I need to use the seven feet so I can
Speaker 1: put so two cars can drive down this eastment at
Speaker 1: the same time.
Speaker 2: Okay. And it is there a fence there?
Speaker 1: There is a fence at thirteen fourteen feet?
Speaker 3: Yes, okay, so you can't drive the car down, but
Speaker 3: it's on your property.
Speaker 2: Rip out the fence, that's correct. Rip out the fence.
Speaker 2: It's on your property. Yeah, you rip it out, it's okay. Yeah,
Speaker 2: because the Eastman that depends on what the Eastman is
Speaker 2: used for. Uh.
Speaker 3: And the problem is is you pointed out. Emergency vehicles
Speaker 3: can't get in there. So I'm surprised the city doesn't
Speaker 3: rip it out because all of a sudden there's an
Speaker 3: easement that is put in and probably goes put in
Speaker 3: a place for exactly that. Uh yeah, and then you sue,
Speaker 3: you sue, you sue for the domination of value.
Speaker 1: It's the only entrance into this house.
Speaker 2: Okay, that makes it even more valuable.
Speaker 3: That makes it even more And you're saying that they
Speaker 3: put up a fence that you can't even get into
Speaker 3: your golf course.
Speaker 1: No, no, I can. I can get in, but only
Speaker 1: during only through this thirteen foot section when it's supposed
Speaker 1: to be twenty feet.
Speaker 2: I understand, I get it, I get it.
Speaker 3: The point is you own the other seven feet you
Speaker 3: got screwed out of seven feet, or they're just using
Speaker 3: the seven feet that you own.
Speaker 2: If they're using the.
Speaker 3: Seven feet, if they're using it, just tear out a fence.
Speaker 3: It's on your property. You tell the neighbor to get
Speaker 3: rid of the fence. You're on my property. I'm missing
Speaker 3: something here.
Speaker 4: No, no, you're not missing anything.
Speaker 1: I just didn't think it was this simple.
Speaker 3: Yeah, it is. The and the Eastman still occurs. It's
Speaker 3: going to be a twenty foot Eastman no matter what.
Speaker 1: So I just take back the seven feet that the
Speaker 1: easement is supposed to be and that's it.
Speaker 2: But the ease one is already yah. Yeah, you can
Speaker 2: take it back.
Speaker 3: But the problem is if an emergency vehicle can't get
Speaker 3: down there, you just can't arbitrarily do it because that
Speaker 3: stops emergency vehicles from kind of coming in. And you
Speaker 3: can't drive down the You can't drive down the Eastman.
Speaker 3: You can't drive down that piece of property. You need
Speaker 3: a lawyer, a real estate lawyer is going to look
Speaker 3: at this. And here's the good news is when you
Speaker 3: bought the property, two things are happening here.
Speaker 2: Uh huh.
Speaker 3: That's good news because I'm such a maven in real
Speaker 3: estate law because I've done so many real estate cases.
Speaker 2: In my life all zero.
Speaker 3: You're like you, yeah, I'm a smart guy, and I
Speaker 3: still if you have a frozen embryo, I know what
Speaker 3: I'm talking about. So here's good news on suing the
Speaker 3: guy with the easement business. One attorney's fees are going
Speaker 3: to be paid for by the seller because that's in
Speaker 3: your contract. Prevailing the prevailing party gets attorney's fees. Number
Speaker 3: two is he probably has title insurance and so you're
Speaker 3: going after deep pockets and I just you get a
Speaker 3: letter to you get a lawyer to figure that one out.
Speaker 3: That's what I would do. And if I'm missing something,
Speaker 3: you have to let me know. I'm I'm sure that
Speaker 3: there'll be a lawyer out there that said, now you
Speaker 3: know handle, you're completely wrong? All right, Cameron, Hello, Cameron, welcome.
Speaker 1: There.
Speaker 6: Yes, can you hear me?
Speaker 2: Yes? I can't go ahead?
Speaker 6: Okay, my wife was told by a co worker at
Speaker 6: work that she needs to stay in a woman's place
Speaker 6: or else she's going to get led in her head.
Speaker 6: We met her management so far has done nothing besides
Speaker 6: write them both up for having a verbal dispute. We've
Speaker 6: spoken to, We've I reached out to two different law
Speaker 6: firms and either one of them seemed very interested. I'm wondering,
Speaker 6: does she have a case at all in this?
Speaker 3: Okay, Well, okay, let me ask you.
Speaker 2: Did anybody hear the threat?
Speaker 3: Did anybody overhear what that coworker said to her?
Speaker 6: Yes? Okay, there's there's been statements written. There's been written statements.
Speaker 3: Okay, so there have been Okay, so there have been
Speaker 3: It is literally on the record that the worker said
Speaker 3: that you are gonna get a head full of lead.
Speaker 6: Correct, yeah, he I guess he went around and tried
Speaker 6: to try to do damage control, and he told another person, well,
Speaker 6: I wouldn't say that, I would do it.
Speaker 2: Okay, but what's on the record. What's on the record, Cameron?
Speaker 6: I don't know, man, I don't know. I haven't seen
Speaker 6: the records. I don't work there, you know. But what
Speaker 6: I do know, I think she's allowed.
Speaker 2: I think she's allowed.
Speaker 3: Hold on, sorry, I'm coughing my way through that. I
Speaker 3: think she's allowed to see her file. How big a company?
Speaker 3: How big a company does she work for?
Speaker 2: Cameron?
Speaker 6: Huge, six hundred and forty five?
Speaker 3: Okay, all right, so there's okay, so there's an HR
Speaker 3: department and there's a file which I think she's allowed
Speaker 3: to see.
Speaker 2: I think a lot of it has to do.
Speaker 3: With with what is put in the file and what
Speaker 3: witnesses will say and what they did say.
Speaker 2: Now, the attorney is going.
Speaker 3: To argue, you know what kind of you know, kind
Speaker 3: of lawsuit is probably a hostile work environment. I mean,
Speaker 3: you can sue the person who made the threat individually,
Speaker 3: but you know, what are you gonna do. You know
Speaker 3: they're gonna you're gonna hire a lawyer. You're gonna have
Speaker 3: to pay money. They won't do it on contingency. That's
Speaker 3: I I believe the only thing they have. And you
Speaker 3: can and you sue the company for allowing hostile work environment,
Speaker 3: and today you can go after companies company allows that
Speaker 3: to happen.
Speaker 2: I think there's some liability there.
Speaker 3: But if two lawyers said no, it's not a question
Speaker 3: that she doesn't have a case. It's a question of
Speaker 3: there's not enough money for the lawyers. And even when
Speaker 3: you are right, and you sound right based on what
Speaker 3: you say, there's not enough money because they're going after
Speaker 3: the insurance company of the company, and the insurance company
Speaker 3: has lawyers. That's a tough way to go. This is
Speaker 3: Handle on the Law kf I A M six forty.
Speaker 3: Don't handle here. It is a Saturday morning. As we
Speaker 3: continue on, welcome back Handle on the Law, Marginal Legal Advice.
Speaker 2: Hello Paul, good morning, Yes sir, yes, sir.
Speaker 7: Yeah, Bill, I came here today is to America legally
Speaker 7: and from where I have been living from you hope,
Speaker 7: well where in Europe?
Speaker 6: Italy? Oh?
Speaker 2: You're Italian.
Speaker 3: No, that's good, Okay, only because I like Italy a lot.
Speaker 3: All right, So what your iss?
Speaker 2: No question?
Speaker 7: My issue is the my wife has been increasingly not
Speaker 7: feeling well, and I'm just in that situation trying to
Speaker 7: help whatever I can, but unfortunately, in case something happened
Speaker 7: that you know, she passes, is my immigration going to
Speaker 7: be affected by.
Speaker 4: This or not?
Speaker 2: Okay, I'm a little confused.
Speaker 3: Okay, your wife is not feeling well, and I missed
Speaker 3: the first part. And how is your immigration status connected
Speaker 3: to your wife?
Speaker 7: We've been married for now well over twenty years.
Speaker 2: Okay, who does one of you? Is one of you
Speaker 2: legal and the other one is not?
Speaker 7: No? I am I came here also legally.
Speaker 2: I didn't care legally. And and your and your wife
Speaker 2: is legal? Correct?
Speaker 4: Yeah?
Speaker 7: Well she's American?
Speaker 2: Okay, Well that's easy. So what's your question?
Speaker 7: My question is Bill, she's increasingly not feeling well since
Speaker 7: the last three or four years, and in case something happened.
Speaker 2: That she dies or okay?
Speaker 7: Yeah, And is is my immigration going to be since
Speaker 7: she has been in a petition in me? Okay, she's
Speaker 7: going to be affected?
Speaker 2: Okay? Okay?
Speaker 3: Uh, we we first start with a question, have you
Speaker 3: ever seen because you have to she has to go
Speaker 3: in for an interview for you to uh, in fact
Speaker 3: connect with her.
Speaker 2: Have you ever seen Breakfast at Bernie's? Probably not? Okay,
Speaker 2: that's that's an important movie for you to have seen. Uh.
Speaker 3: The fact is, uh, you are legal because you have
Speaker 3: a green card. You came here legally and you have
Speaker 3: a green card.
Speaker 2: You're here.
Speaker 7: You're here here, yes, Bill. But when I came here,
Speaker 7: they gave me and that's the sequent question, died that
Speaker 7: I have. When I came here, they gave me a
Speaker 7: permanent resident the card what I believe is a green card, right,
Speaker 7: and then the card and the card they expired in
Speaker 7: two thousand and nine. Now at that time, I thought,
Speaker 7: this is permanent card for like forever, for all he
Speaker 7: knew or whatever.
Speaker 3: No, it is, No, it is it is forever. You
Speaker 3: are now a resident of the United States. Now, the
Speaker 3: fact that your green card expires, there's some things about
Speaker 3: working and hassle getting back when you travel, but you
Speaker 3: are a legal resident, my friend, They're.
Speaker 2: Not going to toss you out.
Speaker 3: Thank you, thank you, all right, you got it, unless
Speaker 3: you got President Bush. President of President Trump saying well, no,
Speaker 3: we're not going to honor green cards matter. As a
Speaker 3: matter of fact, he signed we're talking about the president now,
Speaker 3: he signed a an executive order first day that he
Speaker 3: was in office saying that people born in the United States,
Speaker 3: if their parents don't have legal status, those kids born
Speaker 3: in the United States are not legal, they are not residents,
Speaker 3: and they are not citizens in the United States. That's
Speaker 3: in violation of the fourteenth Amendment of the Constitution. That's
Speaker 3: in the Constitution that these people are residents or citizens
Speaker 3: if they're born in the United States. So the green
Speaker 3: card do they redo that? Where green cards just disappear?
Speaker 3: Who the hell knows? Who absolutely knows? All right, I
Speaker 3: want to share with you a moment about handle on
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Speaker 3: is a referral service that I created several years ago
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Speaker 3: been injured, I'm going to suggest you go to handle
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Speaker 3: I'm going to suggest handle. That's where I go to,
Speaker 3: by the way, handle because I wouldn't handle my own case.
Speaker 3: Never remember any there's a wonderful phrase, any lawyer who
Speaker 3: represents himself has a fool for a client. Exactly correct.
Speaker 3: Handleothlaw dot com. This is Handle on the Law.
Speaker 2: You've been listening to the Bill Handle Show.
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