Speaker 1: You're listening to kf I AM six forty, the Bill
Speaker 1: Handles show on demand on the iHeartRadio.
Speaker 2: F tf I AM six forty.
Speaker 1: Bill Handle here Saturday morning, last hour of the Legal
Speaker 1: Show for Richard Murrale comes aboard with the Tech Show
Speaker 1: eleven to two, and then Neil Savedra, who I work
Speaker 1: with every day. He has his own food show, the
Speaker 1: FOK Report, and that's from two to five. And the
Speaker 1: phone number here always top of the always top of
Speaker 1: the hour, and it is eight hundred five to zero
Speaker 1: one five three four, eight hundred five to zero one
Speaker 1: five three.
Speaker 2: Four, and we do have lines open. Okay.
Speaker 1: With that, Welcome to handle on the law. Marginal legal
Speaker 1: advice where I tell you have absolutely no case. And
Speaker 1: if you've been listening for the last little while, I'm
Speaker 1: talking about in the last couple of hours, I've joyfully
Speaker 1: told people they have no case, because that's what makes me.
Speaker 1: When you do have a case, eh, it can go
Speaker 1: all the way from eh to I'm your own No,
Speaker 1: you have nothing. So it depends on how much of
Speaker 1: a nothing case you have. Now, let's move on to
Speaker 1: a couple of cases that are kind of fine. These
Speaker 1: are food oriented First of all, in a historic, a first,
Speaker 1: it's never been done, San Francisco became the first government
Speaker 1: of any kind to file a lawsuit against food manufacturers
Speaker 1: over ultra process snacks and drinks. That lawsuit argues is
Speaker 1: wreaking havoc on Americans health, and it names ten of
Speaker 1: the most popular food manufacturers known for highly processed foods,
Speaker 1: Craft Hinds, Mondolez, read Oreos, Post Holdings, Coca Cola, PepsiCo,
Speaker 1: General Mills, Nestley, Kellogg's, Mars Canagara Brands that the lawsuit
Speaker 1: says these companies knew that these processed foods were in
Speaker 1: fact making people sick, and they did nothing about it
Speaker 1: except continue to market and particularly marketing and targeting children.
Speaker 1: WHOA Okay, now, this reminds us specifically of big tobacco, when,
Speaker 1: if you remember, if you were around long enough before
Speaker 1: the settlement came well afterually decades ago, big tobacco would
Speaker 1: tell you that nicotine is good for you, that nicotine
Speaker 1: actually helps you, if you can imagine this helps relax
Speaker 1: you with all the nicotine in it, all the cigarettes
Speaker 1: and the nicotine's in the cigarettes. Well, it turned out
Speaker 1: and they knew that it caused lung cancer and still
Speaker 1: went forward and marketed cigarettes as a healthful alternative to
Speaker 1: whatever miserable life you're having. Well, that lawsuit, I think
Speaker 1: for seventy billion dollars. Estates got the money and individuals
Speaker 1: got money.
Speaker 2: A little complicated. The other one is big pharma.
Speaker 1: And this isn't knowing that there's dangerous, but big pharma,
Speaker 1: the major pharmaceutical companies are arguing now that high prices
Speaker 1: are good for you. Wait a minute, they're actually arguing
Speaker 1: that if the price of drugs goes down, that's bad
Speaker 1: for the consumer. You bet that's exactly what they're arguing. Wow,
Speaker 1: all right, So that was one story. The other story
Speaker 1: is kind of fun. Their Ocean Spray is investigating after
Speaker 1: a viral video showing cans of thanks Giving cranberry juice
Speaker 1: were filled with water. There was a TikTok video posted
Speaker 1: someone is opening a can of Ocean Spray and as
Speaker 1: they open, the water comes out the top of the can.
Speaker 1: It was filled with water. The video generated one hundred
Speaker 1: and two thousand views. What a shocker, and Ocean Spray
Speaker 1: is looking into it is investigating it.
Speaker 2: Now.
Speaker 1: I don't know what you say to that. You got
Speaker 1: what so you have some cans that have water. Is
Speaker 1: there any danger to anybody? Probably not. Is there a
Speaker 1: class action suit? Probably not. What if you bought a
Speaker 1: can of Ocean Spray within the last five years, you
Speaker 1: can get a coupon for fifty percent off the next
Speaker 1: can of ocean Spray. I mean that's typically with food issues,
Speaker 1: that when you have class action food issues unless people
Speaker 1: get really ill.
Speaker 2: This is just a fun one.
Speaker 1: And what's going to see as Ocean Spray investigating this
Speaker 1: because I think there were several of these, which makes
Speaker 1: it at a little bit more has a little more
Speaker 1: valid because two other open cans with water inside. We're
Speaker 1: sitting on the counter, and I don't know how much
Speaker 1: of that is real.
Speaker 2: That video of.
Speaker 1: The two other open cans has over ten million views.
Speaker 1: I mean, go figure, all right, I don't know what's
Speaker 1: going to come out of that, obviously not Cranberry's or
Speaker 1: Cranberry sauce.
Speaker 2: All right, let's go ahead and take some.
Speaker 1: Phone calls. Let's start with all right, Gail's been with
Speaker 1: her for a while. Hello, Gail, welcome.
Speaker 3: Good morning, Yes, ma'am, my husband died up. My husband
Speaker 3: died a few months ago. He had a living trust
Speaker 3: I am both the come beneficiary as well as the
Speaker 3: surviving successor trustee. I've been contacting the attorney who set
Speaker 3: up the trust for him to request this certificate of
Speaker 3: trust so that I can conduct trust business with financial institutions,
Speaker 3: et cetera. I sent the request letter included a notarized
Speaker 3: proof of my identity a notarized withdrawal letter from the
Speaker 3: previous success or trustee. I sent them in the mail certified.
Speaker 3: Of course, I cannot get him to respond. I've called
Speaker 3: his office.
Speaker 2: Okay, yeah, all right. Now I have a question.
Speaker 1: All right, Uh, when depends on the financial institution that
Speaker 1: wants you to have some kind of a certified trust.
Speaker 1: The only, the only certification for a trust that I'm
Speaker 1: aware of, it has to be notarized. I said, you,
Speaker 1: I have a note, you have a notarized trust, and
Speaker 1: which is I?
Speaker 2: You know?
Speaker 1: For example, I have a trustee, I have a trust
Speaker 1: and the trustee. I'm a trustee, my ex is a trustee,
Speaker 1: and then there's a successor trustee, and then there's another
Speaker 1: successor trustee in the event that everybody dies. And all
Speaker 1: I did was do original wet signatures on all of
Speaker 1: the trusts and notarize every one of those. And I
Speaker 1: am kind of surprised that you need a certificate what
Speaker 1: the lawyer ascertaining that these are real trusts. I don't
Speaker 1: quite understand what the lawyer's supposed to do.
Speaker 2: I'm missing something here.
Speaker 3: Sure, perhaps that's my explanation, and I do apologize. I
Speaker 3: don't have the original trust. Dot. Yeah, then my husband died.
Speaker 3: I don't know where anything is.
Speaker 1: Okay, understood, understood, all right, now, I get it. Yes,
Speaker 1: so you don't have a copy of the trust, and
Speaker 1: the lawyer who does have a copy of the trust
Speaker 1: is not forwarding to you a copy of the trust.
Speaker 2: Correct.
Speaker 3: No, no, Bill, I have a photo copy, but not
Speaker 3: like legal No, I understand.
Speaker 2: No, you have a photocopy of the trust.
Speaker 4: I get that.
Speaker 2: Okay. No, I understand that.
Speaker 1: By the way, a copy of the trust, when there
Speaker 1: is no original trust, does have legal validity.
Speaker 2: It can be used.
Speaker 1: Now, financial institutions, some of them go, no, not going
Speaker 1: to do it.
Speaker 2: It's their call. It's literally their call.
Speaker 1: For example, if you're gonna do real estate, there's no
Speaker 1: chance in hell they're gonna let you sell or buy
Speaker 1: a piece of property with a photocopied trust. But if
Speaker 1: there is an original, and if a lawyer is holding
Speaker 1: on to the original, he has a notarized copy of
Speaker 1: the trust. Very few lawyers would not say notarize this puppy.
Speaker 1: So he's got it and he won't give it to you.
Speaker 1: So you call him up or send a letter and say,
Speaker 1: my next step is my next step is filing complaint
Speaker 1: with a state bar because you have abandoned a client
Speaker 1: the magic word you want to use, abandoned a client,
Speaker 1: and the bar does not like that. Now theoretically, when
Speaker 1: not even theoretically, you can go to court and uh,
Speaker 1: the court will mandate that the attorney turn over the
Speaker 1: trust to you, the original documents to you. And is
Speaker 1: the judge going to ignore a judge? I mean, is
Speaker 1: the attorney go to ignore a judge making an order?
Speaker 1: I mean, what attorney's going.
Speaker 5: To do that?
Speaker 2: Screw you, your honor.
Speaker 1: I have no intention of turning over this trust to Gail. Really,
Speaker 1: so here's what I would do.
Speaker 2: Try.
Speaker 3: Yeah, So with my husband's death, doesn't a client attorney
Speaker 3: relationship end because I was not his client my husband.
Speaker 1: No, it doesn't matter. You are No, you are the trustee.
Speaker 1: You are the trustee. He has to the relationship ends.
Speaker 1: I mean, he's not your attorney, but he has a
Speaker 1: turnover the documents to you.
Speaker 2: That he has to do.
Speaker 1: And if he refuses to, there's an abandonment issue. And
Speaker 1: you say I'm going to court, You.
Speaker 2: Go to court. And I guarantee you that if it's
Speaker 2: going to.
Speaker 1: Take a court order. Now you're gonna have to pay
Speaker 1: upfront to a lawyer to do this. I'm hoping you
Speaker 1: have the money, You'll get the money back, you'll get
Speaker 1: sanctions on top of that. No judge is not going
Speaker 1: to nail a lawyer who wrote a trust who refuses
Speaker 1: to give the trustee and the beneficiary a copy of
Speaker 1: the trust.
Speaker 2: So try that.
Speaker 1: Yeah, yeah, trust you. Here are the rules, right a trust.
Speaker 1: You have to be notarized. Now you have a trust.
Speaker 1: Now there are a couple of other rules that to
Speaker 1: signatures and dates, et cetera.
Speaker 2: But that's all you really need.
Speaker 1: So this certificate is well, the lawyers they don't create
Speaker 1: certificates of some kind. They just produce original documents. This
Speaker 1: is handle on the law.
Speaker 2: Yeah, fine, handle here. On Saturday morning, it's the last hour.
Speaker 1: On top of the hour, it's it's rich the Murrow
Speaker 1: with a text show Neil Savedra is two to five
Speaker 1: this afternoon with the Fork Report his food show, and
Speaker 1: the phone number here is eight hundred five to zero
Speaker 1: one five to three four eight hundred five two zero
Speaker 1: one five three four.
Speaker 2: Uh Frank, Hello, Frank, welcome.
Speaker 6: Yeah, Hello.
Speaker 5: Yeah.
Speaker 7: So my question is I was working for a guy
Speaker 7: and uh to trainer to go to the dump and
Speaker 7: my transmission went capoop, and so I'm wondering if he's
Speaker 7: liable to fix that.
Speaker 1: Well, let me ask you, Yeah, did he do anything
Speaker 1: wrong that you know of?
Speaker 8: No?
Speaker 1: Okay, and his job no, I understand, I understand. You
Speaker 1: let him use you let him use it. His defense
Speaker 1: is it was gonna break down anyway. How old is
Speaker 1: the vehicle, Frank?
Speaker 2: It's old?
Speaker 7: Is the two thousand and two?
Speaker 2: Okay? So there he is.
Speaker 1: He's borrowing your your truck to go to the vehicle
Speaker 1: where he says, I want the truck. And why would
Speaker 1: he be responsible unless he crashed into something and cause damage.
Speaker 1: So you're gonna you're arguing this. I have a car
Speaker 1: that's twenty two years old. He drives it. He's done
Speaker 1: nothing wrong, He's just driving down the road and the transmission.
Speaker 2: Goes, Yeah, yeah, he did by the truck as well. Well,
Speaker 2: I mean that doesn't matter.
Speaker 1: I mean, other if you argue that he gave you
Speaker 1: a truck with a defective transmission, but then that's hard
Speaker 1: to prove because how do you know. So now, just
Speaker 1: because he's driving, it doesn't mean that there's liability. Now
Speaker 1: if he got into if he got into a car
Speaker 1: accident or an accident with the truck and you're the
Speaker 1: registered owner, yeah, there's liability on your part, and he
Speaker 1: is also liable because he's the one that caused the accident.
Speaker 1: But a transmission falling in the middle of the road, no,
Speaker 1: he is not responsible for that at all.
Speaker 2: Lance. Hello Lance, Hello Bill, Yes, sir, what I do.
Speaker 9: Is, oh, thank you. My question is can a local
Speaker 9: municipality override California law when it comes to privileges on
Speaker 9: a placarding handicapped permit?
Speaker 2: Nope, absolutely not. State law came.
Speaker 9: Up, Go ahead, it came up a couple of years ago.
Speaker 2: Yeah, but state law supersedes city laws. That's all straight there.
Speaker 9: Yes, and that's exactly that's what I thought. The City
Speaker 9: of West Hollywood is posting signs. This came up about
Speaker 9: three years ago. That handicap vehicles displaying a handicap handicap
Speaker 9: placard must be in a handicap zone. If not, they
Speaker 9: must pay posted parking meter rates.
Speaker 1: Okay, if the lass, well, I've got news for you.
Speaker 1: I think the law does say if you're not parking
Speaker 1: in a handicap zone.
Speaker 2: Maybe I'm wrong on this.
Speaker 1: Then you're talking about city Are you talking about city
Speaker 1: parking lots, the.
Speaker 2: Streets, et cetera, the regular park Yeah, okay, you just
Speaker 2: fight it, that's all. That's it.
Speaker 1: You just fight it and you go. California law supersedes.
Speaker 2: That's it.
Speaker 1: The city can do whatever the hell it wants. No,
Speaker 1: absolutely not. The judges have to give it to California law.
Speaker 1: California the state, because the state supersedes the city or
Speaker 1: the county. The Feds supersede the states. Right there, that's constitutional. Daniella, Hello, Danielle, welcome, Hi, thank.
Speaker 3: You for gving my call. Sure, a couple questions here.
Speaker 10: I lived in my home for twelve years. The owner
Speaker 10: told me they needed the unit to move family and
Speaker 10: file the no fault evictions. After that, they started serving
Speaker 10: you with these three day notices to perform or quit,
Speaker 10: claiming that I have not paid my rent. They removed
Speaker 10: my usual payment and refused every attempt made to pay,
Speaker 10: including emails calls.
Speaker 2: And did you attempt to pay within the three days?
Speaker 1: Yes, they have to take the rent, and their ability
Speaker 1: to kick you out for whatever reason disappears. Especially see
Speaker 1: they chose to give you a three day notice to
Speaker 1: pay rent or quit, and within that three days you
Speaker 1: pay the rent or you attempted to pay the rent.
Speaker 1: That stops everything. That just stops everything, because they're morons.
Speaker 1: If it's a question of asking you to leave based on,
Speaker 1: for example, a family member coming into the piece of property.
Speaker 1: And this is rent by the way, for people who
Speaker 1: are listening, this is rent control.
Speaker 2: This is rent control.
Speaker 1: Is pretty weird stuff, but anyway, rent control certain rent
Speaker 1: control areas. I'm assuming is this the city of Los
Speaker 1: Angeles or Santa Monica?
Speaker 2: Which city or you and.
Speaker 3: Danielle the Los Angeles area.
Speaker 1: Okay, so you're in Los Angeles, which is rent controlled,
Speaker 1: and the law is real simple where if you own
Speaker 1: a piece of property and it's rent controlled, you can't
Speaker 1: throw someone out arbitrarily. However, if you have a family
Speaker 1: member that's coming in, yes you can force the tenant out. However,
Speaker 1: you have to give notice. You have to give sixty
Speaker 1: days notice. And I think there's relocation money on top
Speaker 1: of that for them simply to say, here's a three
Speaker 1: day notice, pay rent or quit when you're current with rent,
Speaker 1: and and you're gonna pay within the prescribed period of time.
Speaker 1: They're out to lunch, Danielle. And not only are you
Speaker 1: gonna win, you're gonna get attorneys fees on this one.
Speaker 10: They now serve me an unlawful detainer.
Speaker 2: And you defend it.
Speaker 1: You say no, you have five days to say, no,
Speaker 1: thank you, you're not And here's your defense. You paid
Speaker 1: or attempted to pay within the three days, and here's
Speaker 1: the proof.
Speaker 3: Okay, So what are they going.
Speaker 1: To I mean, what are they gonna say? What are
Speaker 1: they gonna say, you didn't attempt it. Here are the emails,
Speaker 1: here the attempt or copies of the checks. What are
Speaker 1: they going to say? None of that exists.
Speaker 2: Yeah they're true. Yeah, they're screwed.
Speaker 1: They're screwed, and they're and they're idiots on top of that,
Speaker 1: I mean, they are morons beyond morons. Uh So you're fine, no,
Speaker 1: no problem. They're not kicking you at any time.
Speaker 8: Soon.
Speaker 2: All right, let's sew.
Speaker 1: We talk about car accidents all the time and getting lawyers.
Speaker 1: And how often do I tell people you need a lawyer,
Speaker 1: you need a real estate lawyer.
Speaker 2: You can't do this on your own.
Speaker 1: You need a medical map practice sarney, you can't do
Speaker 1: this on your own. Sometimes I tell you you can
Speaker 1: do this on your own, and you do not need
Speaker 1: a lawyer. Well, in the case of personal injury, where
Speaker 1: you are injured and it's not your fault, you bet
Speaker 1: you need a lawyer.
Speaker 2: And why is that?
Speaker 1: Because you're going against the driver or the owner of
Speaker 1: the store, let's say a big box store, and you're
Speaker 1: going against their insurance company. And if you've ever gone
Speaker 1: against an insurance company, that's not a joke. These adjusters,
Speaker 1: these experts are well they are they're experts at not
Speaker 1: paying you.
Speaker 2: They're real good at not paying you. You're out of
Speaker 2: your league.
Speaker 1: If you do this one on your own, which is
Speaker 1: why I'm suggesting you go to handle on the law
Speaker 1: dot com vetted attorneys. This is what they do if
Speaker 1: there is a problem with the lawyer. I make the
Speaker 1: phone call and I start screaming, you pay nothing out
Speaker 1: of pocket because it's contingency. That's what happens with virtually
Speaker 1: all the personal injury lawyers, certainly the ones I know of,
Speaker 1: and so as you see, let's say you've been injured
Speaker 1: and you've been in a car to accident, rear ended
Speaker 1: or t boned or whatever, or involved in a slip
Speaker 1: and fall, you're at a store and it's not your
Speaker 1: fault and you get injured, Well, handle on the law
Speaker 1: dot com. That's where I'm going to suggest you go.
Speaker 1: Handle on the law dot com. This is Handle on
Speaker 1: the Law.
Speaker 11: You're listening to Bill Handle on demand from kf I
Speaker 11: Am six forty.
Speaker 2: Five AM, six forty Bill. Handle here. It is a
Speaker 2: Saturday morning.
Speaker 4: Yeah.
Speaker 1: Now we've gone through these phone calls pretty quickly view
Speaker 1: in case you haven't noticed. So lines are certainly open
Speaker 1: if you want to call in. Eight hundred five to
Speaker 1: zero one five three four. Eight hundred five to zero
Speaker 1: one five three four. That is the number to call.
Speaker 2: Welcome back.
Speaker 1: It's Handle on the Law, Marginal Legal ad Vice.
Speaker 2: Bill. He's a name to remember. Hello Bill, Good.
Speaker 8: Morning Bill, great name, by the way. Yeah, absolutely son.
Speaker 4: My son was out for a walk with his new girlfriend.
Speaker 4: The old girlfriend showed up, assaulted him broke his tooth.
Speaker 4: He immediately went down to the share station following the
Speaker 4: saut report, But at the same time, the old girlfriend
Speaker 4: shot down to the courthouse and filed it was a trom.
Speaker 4: In the meantime, I'm sorry, go ahead, I'm listening, okay.
Speaker 8: And in the meantime, he's been trying to get on
Speaker 8: with law enforcement.
Speaker 4: He tried with a local PD here in the South Bay.
Speaker 4: They went all the way to the interview with him
Speaker 4: to the chief. The chief said, we want to hire you,
Speaker 4: but we got this thing hanging over your head.
Speaker 1: Okay, wait, wait, wait, wait, wait, wait, hold on, he's
Speaker 1: trying to be a cop, right.
Speaker 8: He's trying to be a cop.
Speaker 1: Yes, okay, And so the police department is saying, because
Speaker 1: you have this hanging over you a temporary restraining order,
Speaker 1: and is that the only thing that is involved here?
Speaker 4: Just a tro Well, let's we can back up a
Speaker 4: little bit. He never got served. We found out about
Speaker 4: the tro to a solicitation in the mail, so we
Speaker 4: kept watching the case on the website. So finally we
Speaker 4: got our lawyer. She kept asking for extensions for three
Speaker 4: or four different times.
Speaker 8: We finally went in.
Speaker 2: Okay, you're lawyer. Hold on, your lawyer kept not asking
Speaker 2: for extensions.
Speaker 4: No, the girl that filed the restraining order to keep
Speaker 4: extending it out, okay, understood, So we so we blindsided
Speaker 4: her one day. We showed it at the hearing and
Speaker 4: we got the thing dismissed with prejudice.
Speaker 8: She dropped charges. But now this thing is still hanging
Speaker 8: over his head and.
Speaker 4: He's so he recently filed for CHP and they kicked
Speaker 4: it back saying, sorry, this thing's hanging over your head.
Speaker 4: You know, come back, you know, in a couple of years.
Speaker 4: So I'm wondering, is there something we can file something
Speaker 4: with the court to get this thing sealed?
Speaker 2: No, I don't think so public you know, No, I
Speaker 2: don't think so. I don't think so.
Speaker 1: I mean, you're gonna try and see if the judge
Speaker 1: is going to handle it. But they're still going to
Speaker 1: ask the question just because it's sealed, and they asked
Speaker 1: the question along those lines. You can't lie and say
Speaker 1: it doesn't exist. There just isn't a public.
Speaker 2: Record of it. Now.
Speaker 1: What I find interesting is once it is dismissed, here
Speaker 1: you do you have an altercation with a former girlfriend
Speaker 1: in this case who said you did a B, C
Speaker 1: and D and got a TRO that you got dismissed.
Speaker 1: And there is nothing there other than a dismissal. How
Speaker 1: can they say you have this hanging over your over
Speaker 1: your head. You're gonna be hanging It's gonna be hanging
Speaker 1: over your head forever, your TRO and your TRO was dismissed.
Speaker 1: If you go into a police department ten years from now,
Speaker 1: you still have a TRO. Right, So I don't understand
Speaker 1: where they're going I don't understand where they're going on
Speaker 1: this because that should not preclude you from being your
Speaker 1: son from being hired, because there's nothing more for you
Speaker 1: to do. It was dismissed, nothing, there's nothing more. That's
Speaker 1: like saying you're a witness. That's like saying, as someone
Speaker 1: saw you at a bank and you are and you're innocent,
Speaker 1: you have nothing to do with it. Well, we can't
Speaker 1: hire you and still for ten years because you know,
Speaker 1: there you are on the record of being a witness,
Speaker 1: and then we said you're not a witness.
Speaker 2: See, it doesn't make any sense.
Speaker 4: Yeah, well the other thing is we've disclosed it. When
Speaker 4: he has to do his background check, of course, then
Speaker 4: they go and they interview her and then she completely
Speaker 4: bad mouths him.
Speaker 2: I understand, but it was dismissed.
Speaker 1: Of course she's gonna bad mouth him. And it was
Speaker 1: an altercation. It was a girlfriend scorned. I mean, you've
Speaker 1: got a couple of whimps for police departments that are saying,
Speaker 1: any complaint, obviously, any complaint you have, we're gonna hold
Speaker 1: up hiring someone. It doesn't matter if it's valid, It
Speaker 1: doesn't matter if it's invalid. In this case, it was invalid.
Speaker 2: It was.
Speaker 1: And then the question becomes, why would they interview someone
Speaker 1: that got a tro against you, that was dismissed with prejudice,
Speaker 1: and they're gonna go to her. They're gonna basically, well,
Speaker 1: your son, according to her, it probably killed children, wiped
Speaker 1: out kindergarten classes with act with an axe.
Speaker 4: Now when she says disparaging things, he's racist, he's this,
Speaker 4: he's that.
Speaker 1: And yeah, no, I understand. I mean, is it gonna
Speaker 1: be sealed? No, But you can also sue her for defamation.
Speaker 1: Not that that matters because she has no money. You
Speaker 1: can do a cease and desist's. I don't know where
Speaker 1: to go with that.
Speaker 2: I don't.
Speaker 1: Because even sealing it, they're still going to add they're
Speaker 1: still going to talk to her, right, as a matter
Speaker 1: of fact, that you don't want you don't want to want,
Speaker 1: you don't want it sealed.
Speaker 2: You want it on the record that it was dismissed.
Speaker 8: Right.
Speaker 5: Yeah.
Speaker 2: So I don't understand that.
Speaker 1: I do not understand the police departments saying nope, we're
Speaker 1: not going to hire you because this woman is complaining
Speaker 1: about you.
Speaker 2: Yeah, for sure, Marietta. Hello Marietta, Hi.
Speaker 12: Bill, I appreciate you taking my call. I have a
Speaker 12: landlord tenant issue. I'm really in a pickle. I received
Speaker 12: the partial deposit refund check from my landlord and she withdrew.
Speaker 12: I'm taking him to court because he got double paid
Speaker 12: for December. Okay, I drew it from my deposit, all right.
Speaker 12: So what I'm trying to find out is should I
Speaker 12: cash that check in the meantime?
Speaker 7: Uh?
Speaker 1: Yeah, this is a refund of your deposit, correct of
Speaker 1: the So yeah, that's a security deposit issue.
Speaker 2: Is very different than the rent issue.
Speaker 1: But you only got a part and you only got
Speaker 1: a partial refund on the.
Speaker 2: On the security deposit.
Speaker 3: Correct, correct.
Speaker 12: And I have writ that he would refund me the
Speaker 12: whole amount.
Speaker 2: Okay, got it? I would go ahead.
Speaker 1: I would go ahead and cash that part and you
Speaker 1: assume him for the rest.
Speaker 12: Oh okay, I'll think some reason I thought I couldn't.
Speaker 2: No, I don't think so.
Speaker 1: Yeah, you can't argue that he's going to say you
Speaker 1: accepted that and you let him know. I'm here's what
Speaker 1: I do. What I would do is you say, I
Speaker 1: am cashing this check and it is not in uh full,
Speaker 1: you have any release as to the rest of it,
Speaker 1: so there's no issue. He can't argue, Well, you accept
Speaker 1: to the check, therefore that means you have released me
Speaker 1: from any further liability.
Speaker 2: Absolutely not. You let them know.
Speaker 1: Hey, no, I'm not releasing you. You still owe me
Speaker 1: the money, but I'll take what you've given me and
Speaker 1: I'll just sue you for the rest. I think you're
Speaker 1: gonna I think you're gonna be okay, and you certainly
Speaker 1: sue for the double rent. Oh, absolutely on that one.
Speaker 1: Not a problem, not an issue either. I think we
Speaker 1: can take one more before we bail out of here
Speaker 1: and take the next break.
Speaker 2: Gloria, Hi, Gloria, Hi.
Speaker 12: Yes, let me put you up all off the speaker.
Speaker 2: That would be good.
Speaker 1: Yes, you gotta speak a little louder, and you don't
Speaker 1: want to go on speaker. You want to go the
Speaker 1: other way, Gloria, take you take go off speaker and
Speaker 1: use the phone without the speaker.
Speaker 2: Okay, okay, thank you, there you go.
Speaker 3: Could you hear me now?
Speaker 2: I can now?
Speaker 12: Okay, Sorry, I have.
Speaker 3: My granddaughter on my life insurance. It's not that much, but.
Speaker 1: Okay, you know what, Gloria, I don't know who's asking
Speaker 1: that question in the background, but I have to talk
Speaker 1: to someone who actually is asking the question.
Speaker 3: I'm sorry.
Speaker 2: I have to you.
Speaker 1: Every time I ask you a question, I hear someone
Speaker 1: in the background telling you either the what question you're asking?
Speaker 12: Do you have nobody here?
Speaker 8: Nobody?
Speaker 1: Okay, I'm hearing something going on. All right, then I'm
Speaker 1: going deaf. I'm going deaf.
Speaker 12: All right, you know what, I'm going to turn off
Speaker 12: the radio.
Speaker 1: That would be helpful, Yeah, because you're hearing in delay.
Speaker 2: Yeah, I'm sorry, that's okay, don't worry about it, all right?
Speaker 2: All right, so you have a life insurance policy. Hey, fie,
Speaker 2: I am six forty will handle here Saturday morning. This
Speaker 2: is our last segment.
Speaker 1: However, I will continue taking the phone calls off the
Speaker 1: air as rich tomorrow comes in and I will be
Speaker 1: doing it pretty quickly because as you can expect, or
Speaker 1: I'll tell you that there are no breaks at all.
Speaker 1: We zip right through and between, no breaks and no
Speaker 1: patients usually on my part.
Speaker 2: What do you have?
Speaker 1: You have a lot of phone calls going through and
Speaker 1: the number is eight hundred five to zero one five
Speaker 1: three four eight hundred five two zero one five three
Speaker 1: four That is the number two.
Speaker 2: Call a miya hi mia.
Speaker 13: Oh hi, I'm so excited. Okay, I got into a
Speaker 13: car accident. It was like six years ago. My long
Speaker 13: story short here. Then the insurance was going to settle
Speaker 13: with me, but the guy that was helping me turned
Speaker 13: out to be an insurance adgester. He said, no, don't
Speaker 13: take the five thousand, wait and I'll get you fifty thousand. Well,
Speaker 13: a couple of later, two detectives show up with my
Speaker 13: door and want to know how I know this this
Speaker 13: guy did? He claim to be an attorney and I
Speaker 13: said no, And long story short again. So then the
Speaker 13: next day, all the papers that he had been working
Speaker 13: on for me, he just dropped them off in front
Speaker 13: of my door. So I didn't follow through with it.
Speaker 13: Am I too late? To collect the first five thousand.
Speaker 13: It was Mercury insurance.
Speaker 1: Way too late, way way too late. Should have gone
Speaker 1: to another lawyer instantly. As soon as the police showed up.
Speaker 1: It looks like you had a decent case. And unfortunately,
Speaker 1: oh yeah everything Now you're past the statute. Yeah, there's
Speaker 1: no place to go. That's always fun when you have
Speaker 1: a good case. And I've talked to people who have
Speaker 1: great cases for big money. I happened five years ago,
Speaker 1: Bill statues, four years I happened four years ago, Bill
Speaker 1: statues three years And what do you do, llo, John?
Speaker 2: Welcome, you're up?
Speaker 6: Yeah, hi Bill. I bought a car from a company
Speaker 6: in Texas for twenty five thousand dollars. They sent the
Speaker 6: car out.
Speaker 2: Everybody was fine.
Speaker 6: I mean I registered, I have been paying the fees
Speaker 6: on the new license every year. And then now I
Speaker 6: got a call from the Department of Motor Vehicles for
Speaker 6: me to take the car into Highway Patrol, the highway
Speaker 6: Patrol because they said there was something wrong with the VN. Well,
Speaker 6: the Highway Patrol says that the car had been stolen,
Speaker 6: and so they're holding onto the car and I don't
Speaker 6: know where I'll ever get the car back.
Speaker 2: Oh, you'll get it back.
Speaker 1: You'll get it back unfortunately, or you won't because if
Speaker 1: it was stolen, they can't find whoever it is. At
Speaker 1: some point you'll get it back, won't. Well, well I disagree.
Speaker 1: I think you will, but that's my take on it.
Speaker 1: But either way, yeah, it's gonna take a while. Either way,
Speaker 1: it's gonna take a while. And I hope I'm right too,
Speaker 1: although you probably have better information than I do. So
Speaker 1: what can I do?
Speaker 2: Jeffrey, Hi, Jeffrey welcome, Yes.
Speaker 5: I welcome. My question is to you today. Can I
Speaker 5: have a trust because I have real estate? Can somebody
Speaker 5: sue a trust?
Speaker 3: Well?
Speaker 1: Yeah, because the trust is a revocable trust, is really
Speaker 1: you that that's only for disbursement of property. So let's
Speaker 1: say I have a trust, Well, it's really my money.
Speaker 1: It's not a separate entity. Now, A a non revocable
Speaker 1: trust you have nothing to do with you know, Then
Speaker 1: you're fine because you no longer own anything but a
Speaker 1: revocable trust.
Speaker 2: It's all yours. By the way, why wouldn't you have
Speaker 2: insurance that takes care of all of that?
Speaker 5: The insurance only takes let's say the insurance pays out
Speaker 5: one hundred thousand or whatever, and it goes over the amount.
Speaker 2: Yeah, that's pretty rare.
Speaker 1: When it goes over the amount, you've got to have
Speaker 1: some pretty serious assets. And from one hundred thousand, so
Speaker 1: you got one hundred three hundred thousand, one hundred thousand
Speaker 1: per per episode or per incident, and then you can
Speaker 1: go up to three hundred thousand with multiple plaintiffs. Would I,
Speaker 1: if you've got serious assets, what I would do is
Speaker 1: yank it up to two fifty five hundred. It isn't
Speaker 1: that much more money. That's how you protect yourself. I mean,
Speaker 1: the last thing you want to do is deal with
Speaker 1: someone suing you. The insurance company pays off, and you're
Speaker 1: still there on the hook or uh. The insurance company says,
Speaker 1: I want you to waive liability and and the other
Speaker 1: driver says, no, thank you.
Speaker 2: Now you've got a problem. Just get well.
Speaker 1: Let me ask you this. How rich are you are?
Speaker 1: You just asking hypothetically, Yeah, I.
Speaker 5: Have you know, a duplex that's worth you know, some
Speaker 5: money and so on. But so you're saying always because
Speaker 5: I've been lowering my library.
Speaker 2: Yeah, and that's you don't want to lower you want
Speaker 2: to raise it.
Speaker 1: So in terms of how rich are you If you
Speaker 1: put all your assets together the home, which is uh,
Speaker 1: you know, and that's kind of out of the way.
Speaker 1: But if you put stocks, bonds, money, property, what kind
Speaker 1: of money do you have?
Speaker 5: Maybe about two to two and a half million.
Speaker 1: Okay, I would get some more insurance, okay, and on
Speaker 1: top of that, I'd get and on top of that
Speaker 1: an umbrella policy, which is very cheap. And what umbrella
Speaker 1: policies do is you take the top tier of the insurance.
Speaker 1: So let's say you have two fifty let's say you
Speaker 1: have one hundred three hundred, Well, you buy an insurance
Speaker 1: policy that starts at three hundred and goes up to
Speaker 1: a million. So now you have a million dollars of insurance,
Speaker 1: but the first hundred thousand is covered by your own
Speaker 1: insurance company. Obviously, the bigger your own insurance company is paying,
Speaker 1: the bigger that policy is, the less the umbrella policy costs.
Speaker 1: I'm a big fan of insurance, I really am.
Speaker 2: It's hard not.
Speaker 1: To be over insured, and certainly in my opinion, Okay,
Speaker 1: we're done. Before we leave, I want to tell you
Speaker 1: about Zelman's minty mouth.
Speaker 2: You know, bad breath is an absolute killer.
Speaker 1: I mean, you know, try to go to someone you
Speaker 1: have bad breath and they start reeling and you know
Speaker 1: something's wrong, and so what do you do? You take
Speaker 1: a mint? Okay, and we're for an hour less or more,
Speaker 1: and then what happens, Well, you still have bad breath.
Speaker 1: How does that work well? Because the food that gave
Speaker 1: you the bad breath, the onions, the garlic, and the
Speaker 1: morning breath, particularly the garlic and onions and food go
Speaker 1: into your stomach and it burns and it turns the
Speaker 1: acids happening and guess what the food is being digested
Speaker 1: there too, And where do you think the breath comes out? Well,
Speaker 1: usually through your mouth. And this is where Zelmans comes in.
Speaker 1: Zelmans is beyond a breath mint. It is both a mint.
Speaker 1: It's this capsule, little capsule of partially seed oil. You
Speaker 1: pop two or three in your mouth, coated with a
Speaker 1: nice strong coating.
Speaker 2: Also has spearmint.
Speaker 1: By the way, they just introduce a spearmint flavor and
Speaker 1: then you either bite into them or you swallow them
Speaker 1: and they go to work in your gut. And now
Speaker 1: you've got a double hit and no mint out there?
Speaker 2: Does that?
Speaker 1: Go to Zelmons dot com. Zelmans dot com. Also, I
Speaker 1: am wrapping it up. For those of you that are
Speaker 1: on the phone, stay put. I will get to you
Speaker 1: off the air. Also, I'll be doing that for about
Speaker 1: half an hour forty minutes, give or take. And so
Speaker 1: if you want to call in and you happen to
Speaker 1: be listening and you want to come in with a question,
Speaker 1: you can dial it and I will answer it because,
Speaker 1: as I said earlier, there are no interruptions.
Speaker 2: There are no news, no weather, no traffic, no.
Speaker 1: Commercials, just me and you and no patience either. And
Speaker 1: the number is eight hundred five two zero one five
Speaker 1: three four eight hundred five two zero one five three four.
Speaker 1: This is Handle on the Law.
Speaker 11: You're listening to Bill Handle on demand from KFI AM
Speaker 11: six forty