Speaker 1: You're list Saints KFI AM six forty. The bill handles
Speaker 1: show on demand on the iHeartRadio f This is handle
Speaker 1: on the law marginal legal advice where I tell you
Speaker 1: have absolutely no case. Well, there is a case now
Speaker 1: that has been decided by a San Diego federal judge
Speaker 1: ruling in a class action lawsuit, which of course is
Speaker 1: going to be appealed. But as of now, and this
Speaker 1: would be in San Diego, but this is a class action,
Speaker 1: so it goes across the board. Parents have a constitutional
Speaker 1: right to be informed if their child starts to present
Speaker 1: as a different gender at school. Now, this is an
Speaker 1: interesting legal situation because normally you would think that parents
Speaker 1: have to be told of any medical issue with a kid.
Speaker 1: For example, the abortion issue is huge that by law,
Speaker 1: the school cannot tell parents if the young actually even
Speaker 1: a fourteen or fifteen year old girl in junior high
Speaker 1: school is having an abortion. Can't share that information. And
Speaker 1: that has now been shot down when it comes to
Speaker 1: when it comes to the school informing parents about presenting
Speaker 1: as a different gender. A fifty two page decision, this
Speaker 1: Judge Roger Benitez rule that parents have the absolute right
Speaker 1: to know and what it does is It bans public
Speaker 1: school employees from misleading parents a child's gender presentation at school.
Speaker 2: In other words, if you have a boy who is now.
Speaker 1: Revealing as a girl, who now wants to be called
Speaker 1: a different pronoun, who wants to wear clothing, who wants
Speaker 1: to go into the girl's restroom, parents have to be notified.
Speaker 1: Also bars employees from calling students by names or pronouns
Speaker 1: pronouns that don't match their legal ones. If the parents subject, now,
Speaker 1: is it a nickname? Let's say I'm a male and
Speaker 1: I'm Charlie, okay, or I'm Charles, and then I want
Speaker 1: to become Betty that's my nickname. Nope, school won't do it,
Speaker 1: and parents have to be informed. It's a real touchy
Speaker 1: issue where we're going with this, and the pendulum has
Speaker 1: swung big time. This was viewed as part of LBGTQ
Speaker 1: rights in terms of changing genders and transitioning, and it
Speaker 1: was moving with California at the lead, of course, moving
Speaker 1: in direction to expand those rights, and now we have
Speaker 1: the Trump administration is going the other way. Where the
Speaker 1: bottom line is, if you're born male, you are a
Speaker 1: mail for the rest of your life. Doesn't matter what
Speaker 1: you do. Doesn't matter about surgery nothing. You are a
Speaker 1: male and that's what the federal government has just done
Speaker 1: in terms of passports. They don't care. It's who you
Speaker 1: are on that birth certificate. All right, let's take some
Speaker 1: phone calls.
Speaker 3: Hello, Angie, Hi, I went to a dealer to buy
Speaker 3: a car and they tucked me into lissing a car because.
Speaker 4: They asked me how many months I draw. So you
Speaker 4: know that's not the issue.
Speaker 5: But I just wanted to start with that.
Speaker 6: I leased a car and I wanted to ask you
Speaker 6: if they added features that they list on the stick
Speaker 6: the windowsticker, if you are obligated to buy those and
Speaker 6: uh no.
Speaker 1: No, listen, hold on a minute. You the contract says
Speaker 1: what you get. Okay, this is what I get. This
Speaker 1: is what I get.
Speaker 2: This is what I get.
Speaker 7: Yeah, the contract.
Speaker 4: They never mentioned to me that I had an option
Speaker 4: and it was supposed to be in the contract. I
Speaker 4: think that these are option features.
Speaker 1: They never.
Speaker 8: Know what.
Speaker 1: I've never heard of a contract that says these are
Speaker 1: the option features you can have. I mean, I've leased
Speaker 1: and bought a bunch of cars. All it says is
Speaker 1: this is what you are getting.
Speaker 2: Uh, so you're let me. Let me get this right.
Speaker 1: You're saying, uh that the features were on that sticker
Speaker 1: on the window, and they didn't tell you you could
Speaker 1: have those, and they didn't get me.
Speaker 7: They didn't tell me if I had an option to
Speaker 7: buy them.
Speaker 1: They all, right, let me ask you this, okay, Angie.
Speaker 1: What happens when they say we never said that, Well.
Speaker 7: It should be in the contract.
Speaker 1: All yeah, Look, it is in the contract. What you
Speaker 1: bought is in the contract. And you're arguing I should
Speaker 1: have also gotten ABC DNE and it was a verbal
Speaker 1: conversation that you had, and they're saying, no, it wasn't. Okay, okay.
Speaker 7: The other thing is the contract was supposed to be
Speaker 7: eight pages.
Speaker 4: When I got home and I read everything, all the
Speaker 4: fine print, and they only.
Speaker 7: Gave me five pages.
Speaker 1: Okay, and did you hold on? And I okay, and
Speaker 1: just curious. Do you know what's on the other three pages?
Speaker 1: I don't, okay. Usually you sign at the okay, So
Speaker 1: how do you know it's eight pages? Is to say
Speaker 1: at the bottom one of eight, two of eight, three
Speaker 1: of eight.
Speaker 7: No it does not. But in the front page it
Speaker 7: says make sure to read in detail all the A pages.
Speaker 1: Okay, okay, okay. Then did you say I need the
Speaker 1: other three pages?
Speaker 2: Please?
Speaker 7: I did, They've given me.
Speaker 1: Then then you say no, even wait a second, Angie.
Speaker 1: With that being said, I want the other three pages,
Speaker 1: they don't give you the other three pages, and you
Speaker 1: still sign the contract. Do I have that right?
Speaker 7: No, this is after the fact.
Speaker 1: Wait a minute, Okay, you're okay, okay. Once again, Angie,
Speaker 1: I'm getting so confused with all of these calls today.
Speaker 1: All right, let's go from the beginning. It says on
Speaker 1: the contract, read carefully all eight pages. You got five pages,
Speaker 1: and you're saying, and then you signed it.
Speaker 7: Correct, I didn't read that fine sprint.
Speaker 1: Oh okay, now all right, got it? And it says
Speaker 1: please read all eight pages. Okay, Well, I got news
Speaker 1: for you. There are contracts that I have signed that
Speaker 1: I didn't read the fine print, and I wanted to sue.
Speaker 1: And you know what they said, read the contract. That's
Speaker 1: what controls nothing verbal. It's the contract. How big was
Speaker 1: the print? How big was the print that says read
Speaker 1: all eight pages?
Speaker 7: Oh my god? Very small.
Speaker 6: And the thing is that the guy in the finance
Speaker 6: department was flipping the screen back.
Speaker 1: You know, top and bottom, and back Angie when he
Speaker 1: does that, Hey, at what point, at what point do
Speaker 1: you say, I'm not signing this because you guys are
Speaker 1: doing just you're screwing me around?
Speaker 2: When do you do that?
Speaker 7: Yeah?
Speaker 1: I know, what point do you say something is not
Speaker 1: kosher in Denmark? Here?
Speaker 7: Well, I got some things and I did, I did
Speaker 7: tell all right, So what.
Speaker 1: Do you want to So what do you want to do?
Speaker 1: What are you looking for?
Speaker 7: My what is my recourse?
Speaker 1: There is no there is none. This is handle on
Speaker 1: the law and welcome back. And it's handle on the law.
Speaker 1: Marginal legal advice. Robert, you're up. Welcome to handle on
Speaker 1: the law, Robert, Hi will Yes.
Speaker 5: My question to you is going to be I need
Speaker 5: to get a lawyer. I am having issues with my
Speaker 5: with my neighbor. Last last summer, I had a water leak.
Speaker 5: I'm sorry, I'm on in the street, okay. And so
Speaker 5: I had a water leak. And my modern mainline is
Speaker 5: on their on their side of the about two feet in,
Speaker 5: no more than two feet in. I told her that
Speaker 5: I was having a plumber coming. I gave her about
Speaker 5: three days notice and we text back and forth, and
Speaker 5: that when I told her I had a plumber coming,
Speaker 5: she stopped replying. So I just thought maybe on on Friday,
Speaker 5: the day that would come, they see all the work
Speaker 5: I'm doing, They're going to say, okay, we'll turn it off,
Speaker 5: we'll we'll help you out. So that day came, my
Speaker 5: plumber did all the work, dugged up everything I needed
Speaker 5: to to find where the leak is at. Couldn't find
Speaker 5: it all right.
Speaker 1: Hang on him minute, wha, Robert, Now he went on
Speaker 1: her property to find the water league is that correct?
Speaker 5: Not yet? At this point? That was I dug up
Speaker 5: all my property without where mine and they waiting no leak.
Speaker 5: So so yes, then I did before going to her property.
Speaker 5: I did call her. I did text her. I actually
Speaker 5: went knock in the door. She has a ring. I guess.
Speaker 5: She ignored everything and she took off. She didn't want
Speaker 5: to deal with me, so we were already in the
Speaker 5: middle of eighting. So I did jump over and I
Speaker 5: did access to property. So now because of that, she's
Speaker 5: taking me to court for a while.
Speaker 1: She's taking you to court for what.
Speaker 5: Okay, I know, I know what.
Speaker 1: She's taking you to court for. What, Robert, what is
Speaker 1: she asking for?
Speaker 5: She's asking what? At this point she says she's gonna
Speaker 5: to the fullest extent whatever that means.
Speaker 1: I don't know what the fullest extent means. But what
Speaker 1: is she asking for? Neither does she want money? I
Speaker 1: mean if you've been sued, have you been sued yet?
Speaker 5: She sent me an email saying that.
Speaker 2: That means Yeah, that means nothing. Wait till you get sued.
Speaker 1: She sent you an email and saying I'm going to
Speaker 1: go to the full extent of the law. What does
Speaker 1: she want in the email?
Speaker 5: She was asking at the beginning she email, she was
Speaker 5: asking for three five for what for? What? I don't
Speaker 5: get it either, She Okay.
Speaker 1: Then you ignore it. Then you ignore it. And here's
Speaker 1: the other thing. You call the uh, you call the
Speaker 1: the water company, the utility, water and power company, and
Speaker 1: if it's a main they will deal with it. And
Speaker 1: it may not be because it's on her property. And
Speaker 1: if I get a letter from the plumber and attach
Speaker 1: it to your email, we'll get an email from the plumber,
Speaker 1: attach it, send it to her and saying I'll tell
Speaker 1: you where the lawsuit is. The lawsuit is me against you,
Speaker 1: because if the leak is coming from your property, which
Speaker 1: my plumber thinks it is, and you're not letting me
Speaker 1: fix it, or you are not fixing it. All the
Speaker 1: damage that that occurs or that causes my property, you
Speaker 1: are going to be responsible for. You throw it right
Speaker 1: back at her. But instead of asking for money, thirty
Speaker 1: five hundred dollars for what, I don't even know where
Speaker 1: she came up with thirty five hundred dollars because I'm
Speaker 1: still trying to figure out what you did wrong, other
Speaker 1: than go on her property to find out if it's
Speaker 1: a leak. So did you dig up part of her property?
Speaker 1: Was part of Is there a hole on her property?
Speaker 1: Because the plumber went there?
Speaker 5: Yeah, so the plumber did to dig in on herself.
Speaker 1: Okay, all right, So the plumber found there was no leak.
Speaker 1: Wait a second, he did was there a leak on
Speaker 1: her property? Was there a leak coming from hers?
Speaker 5: The leak was coming from her from under the wall
Speaker 5: on her side.
Speaker 1: Okay. And and your plumber and your plumber went over
Speaker 1: there to look at it, correct, and dug up the
Speaker 1: yard on her side? Correct? Yes? Okay? And she wants
Speaker 1: thirty five hundred dollars for that? Yes, I know, Okay, Fine,
Speaker 1: I'm surprised she's not asking for three and a half
Speaker 1: million dollars, you might as well. You came over to
Speaker 1: my property, you dug it up, and I assume the
Speaker 1: dirt is back on. Correct?
Speaker 5: Yes, everything fine?
Speaker 1: And so okay, all right, So there's thirty five hundred.
Speaker 1: I would ride her back and say, why only thirty
Speaker 1: five hundred? If I were you, I'd assume me for
Speaker 1: for thirty five million?
Speaker 8: Why not?
Speaker 1: So at this point, you've got to let her know
Speaker 1: that if the leak is coming from her property, then
Speaker 1: she is responsible for all the damage to your property.
Speaker 1: But let me ask you a question. If your plumber
Speaker 1: says it's not on your property and it's not coming
Speaker 1: from her property, where's the leak coming from my Yeah? No,
Speaker 1: If he went over and found no leak on her
Speaker 1: property and no leak on your property, no leak from
Speaker 1: the pipes, where is the leak coming from?
Speaker 5: Oh it was, it was on her side of the property,
Speaker 5: but under of course it's in the ground on her.
Speaker 2: Okay, did it?
Speaker 1: But did he do? I'm confused? Now? Did he dig
Speaker 1: it up?
Speaker 5: Yeah?
Speaker 1: Yeah, okay, and he didn't find a leak? Correct? Did
Speaker 1: he find a leak?
Speaker 5: Yes, we did. We found a leak and fixed it
Speaker 5: it fixed already.
Speaker 1: Oh you already fixed her leak. So you fixed her leak,
Speaker 1: so now there's no damage, that there's no leak, and
Speaker 1: she wants thirty five hundred dollars.
Speaker 5: Because I went over with all.
Speaker 1: Oh she's crazy, Yeah, she's she's crazy. You repaired her late.
Speaker 1: Matter of fact, i'd sue her for the plumber repairing
Speaker 1: her leak. Yeah, come on, you know it's just I mean,
Speaker 1: she said, reason the letter, then the letter take you
Speaker 1: to court? What do you care you're gonna win?
Speaker 5: I have no, I have no poem with it. I
Speaker 5: was just saying, do I need a lawyer for No, it's.
Speaker 1: Going to be a small claims court matter. No, you
Speaker 1: don't need a lawyer. No, you're fine, You're fine, not
Speaker 1: a problem at all. Jill Becky, Hello, Becky, welcome.
Speaker 5: Thank you.
Speaker 9: Yeah, I'm on a bike.
Speaker 8: Can you hear me?
Speaker 9: Okay?
Speaker 1: Yeah? Actually can okay?
Speaker 5: I live in Ventura County in.
Speaker 9: A fifty five plus community. We have a private water company.
Speaker 9: We pay ten dollars a month just to rent the meter.
Speaker 9: And that's fine, okay, no problem. But now that water
Speaker 9: company has started charging twenty dollars a month for administrative's feet.
Speaker 8: Is that legal?
Speaker 1: Sure, it's a private company. They can charge whatever the
Speaker 1: hell they want, unless unless they are regulated by the
Speaker 1: Public Utilities Commission, which I think they may be. So
Speaker 1: call a PUC, call a pu see and said, is
Speaker 1: this allowed? Is it in violation of whatever administrated decision
Speaker 1: the PUC makes? But keep in mind it's a private company.
Speaker 1: So switch switch companies?
Speaker 9: We can't, we can't.
Speaker 5: It's when you're in a condo unit.
Speaker 8: They own the meters.
Speaker 2: Who owns the meters?
Speaker 9: That meter company?
Speaker 1: Okay, and you can't go so they own the meters.
Speaker 1: A meter company won't come in and switch out meters
Speaker 1: a new one. And I don't know the answer. Yeah,
Speaker 1: I don't know the answer. I don't know the answer.
Speaker 1: And I would think that the board is really angry
Speaker 1: at this and they're not here.
Speaker 9: Well, they'll no one even notice because people know.
Speaker 1: Okay, well, okay, you bring it up. Okay, good, you
Speaker 1: bring it up to the board. And there are two
Speaker 1: issues here. One, I don't know if they're allowed to
Speaker 1: do that because your question, is that legal? Well, I mean,
Speaker 1: it's a private company. They can do whatever they want.
Speaker 1: I mean, when people know, is it illegal it's not
Speaker 1: against public policy or anything. However, is there a limitation
Speaker 1: under the Public Utilities Commission which regulates all utilities?
Speaker 2: And I'm assuming this falls.
Speaker 1: Under the utility And two can you switch out the
Speaker 1: meter and simply get another company? And will they put
Speaker 1: in free meters? And I don't know the answer. So
Speaker 1: those are the choices you have.
Speaker 2: And by the way, you're riding a bike. How old
Speaker 2: are you?
Speaker 9: I'm seventy four.
Speaker 7: I just swam an hour wow, and while I.
Speaker 1: Was on hold.
Speaker 8: While I was on hold, I did eight.
Speaker 9: Miles of my twelve mile micro Wow.
Speaker 2: Good for you. That's impressive. I have to tell you.
Speaker 1: That is impressive. All of a sudden, I care about
Speaker 1: your water. I mean before you said that, I kind
Speaker 1: of drug.
Speaker 5: Yeah, I couldn't.
Speaker 1: I couldn't care less about your water.
Speaker 2: That's good.
Speaker 4: Wall.
Speaker 1: That's impressive. Seventy four years old and doing that hour
Speaker 1: swim or a two hour swim and then a twenty
Speaker 1: five mile bike rider. Where the hell she did?
Speaker 5: Yeah?
Speaker 1: Ultra marathon, Yeah, I love it. I just saw a
Speaker 1: documentary about it. There's an ultra marathon at least the
Speaker 1: hardest race in the world is who the Sahara Desert, Morocco,
Speaker 1: and people actually run it, and I mean it is bad.
Speaker 1: I mean it's like it's crazy. It's days and days.
Speaker 1: And there was like a lady in her seventies running it.
Speaker 1: Now she didn't make it, but most people don't and
Speaker 1: then they have the ambulances that come with it. I mean,
Speaker 1: it's really interesting stuff. This is Handle on the Law.
Speaker 1: You're listening to Bill Handle on Demand from KFI AM
Speaker 1: six forty. Welcome back Handle on the Law. Bill Handle
Speaker 1: here Marginal Legal Advice. Hi Anita, welcome.
Speaker 10: Hello, Yes, so happy to get through. My problem is
Speaker 10: my vision. Well, that's one of my problems. I have
Speaker 10: had cataract surgery and I don't know what they did.
Speaker 10: They kept telling me, well, wait and see, we'll see
Speaker 10: if it gets better. But I went from having mild
Speaker 10: cataracts because I'm a realtor and I was having trouble
Speaker 10: reading street signs and they were just mild. But they
Speaker 10: also did some snipping and cutting and stitching to get
Speaker 10: the fluid level down. But I found out later from
Speaker 10: requesting my blood work from the lab core that they
Speaker 10: my blood sugar then was twelve point nine and they
Speaker 10: shouldn't have done the surgery at all. Oh okay, now
Speaker 10: I cannot read.
Speaker 1: All right, Anita, that's a good case. You have a
Speaker 1: decent you have. Yeah. Yeah, based on what you say,
Speaker 1: that's a medical malpractice case. If they performed eye surgery
Speaker 1: on you and there was a test that was done
Speaker 1: in terms of which, of course, they do the glaucoma test,
Speaker 1: and I mean they test the hell out of your eyes,
Speaker 1: which they have to. And if they missed a test
Speaker 1: and you're now more blind, you got them, Anita, you
Speaker 1: have you know, And I don't know if they can
Speaker 1: straighten it out. I mean, you're certainly not going to
Speaker 1: go to the same ophthalmologist, but I don't know if
Speaker 1: you can straighten it out.
Speaker 2: I don't know if it's permanent damage. I'm hoping not.
Speaker 10: How old are you, by the way, Anita, seventy eight?
Speaker 1: Okay, and you're still working.
Speaker 10: I have a referral real estate license.
Speaker 1: Oh I don't know what that means, but okay, yeah,
Speaker 1: things I get paid if I give a referral app. Well,
Speaker 1: you need you need a license for that.
Speaker 2: Yes, I didn't know that.
Speaker 1: In any case, I want you to talk to a
Speaker 1: medical malpractice attorney and you can go to handle on
Speaker 1: the law dot com because we have medmal attorneys on
Speaker 1: the website Handle on the law dot com. And I
Speaker 1: know you can't see the computer. Maybe someone's going to
Speaker 1: do it for you. And how blind are you?
Speaker 10: They cannot make my dis division better? It's not even
Speaker 10: as good as it was before.
Speaker 1: Right now, I'm not Yes, I understand that you had
Speaker 1: said that how blind are you? Is what I'm asking, Anita.
Speaker 10: Well, let's see, I have a hard time unless I
Speaker 10: know what it is seeing up eating scrambled eggs, mac
Speaker 10: and cheese or mashed potatoes.
Speaker 1: Okay, so here's the way I here's how I determine Yeah,
Speaker 1: here's the way I determined blindness. Okay, using a seeing
Speaker 1: eye dog as sort of mid grounds. So you're seeing
Speaker 1: eye dog minus or seeing eye dog plus. And I'm assuming,
Speaker 1: based on what you said, it's seeing eye dog minus,
Speaker 1: which is better than plus.
Speaker 2: You get that, but.
Speaker 1: It's it's still a yeah. No, it's still a good case.
Speaker 1: And we are you driving before? Anita?
Speaker 5: Oh?
Speaker 1: Sure, yeah, yeah that's the case, Anita. You have no
Speaker 1: you have a good case. So go to handle on
Speaker 1: the law dot com and talk to one of our
Speaker 1: medical malpractice attorneys.
Speaker 10: I think, yeah, I don't know if this would be
Speaker 10: the same mail practice thing. But my husband died in
Speaker 10: twenty fifteen, and he shouldn't have because I left the
Speaker 10: letters and notes posted on his bulletin boards to cancel
Speaker 10: on a Monday a procedure to drain the fluid from
Speaker 10: his lungs because I thought he was way too weak.
Speaker 10: And his other infectious disease doctor said, he doesn't need it,
Speaker 10: that's not his problem, and they had a cancelation and
Speaker 10: they did it anyway on Saturday.
Speaker 1: Who canceled it?
Speaker 10: You canceled it, No, I canceled the Monday or okay, Well.
Speaker 1: It doesn't matter. I mean, I mean it doesn't matter
Speaker 1: for two reasons. One statutal limitations is gone. Number two
Speaker 1: is because you any part of a medical determination that
Speaker 1: you made he needs it, he doesn't need it. Nobody
Speaker 1: cares because you are not a doctor. I mean, it's
Speaker 1: going to be a doctor and make that decision. But
Speaker 1: it doesn't matter because the statutal limitations had passed, which
Speaker 1: is shame because if you bring a medical malpractice two cases,
Speaker 1: you get a discount.
Speaker 2: You're not going to get two for the price of one.
Speaker 1: But unless you bring if you bring three, maybe you
Speaker 1: get one free if you bring three, so we only
Speaker 1: pay for two. I don't know how it works in
Speaker 1: terms of the discount, but there's no case there with your.
Speaker 10: I did contact an the attorney, and I did get
Speaker 10: all his records and I had everything ready, and then
Speaker 10: I came home from California to Pennsylvania where I was
Speaker 10: living then, and I caught a rare children's human metanoma
Speaker 10: pneumonia virus.
Speaker 1: No, that's great. I mean, by the way, if this
Speaker 1: is pencil, is this Pennsylvania where this happened with your husband?
Speaker 1: Is it Pennsylvania? Have we lost in Nina? I guess
Speaker 1: we have. And the reason I asked, if it's Pennsylvania,
Speaker 1: then that's where the medical malpractice suit has to be
Speaker 1: filed and in Pennsylvania, and different states are different rules
Speaker 1: for in this case.
Speaker 2: I'm sure there's a statute issue.
Speaker 1: But if someone is sick who has the wrongful case
Speaker 1: and there is an illness of some kind, that doesn't
Speaker 1: allow him or her to go forward with a lawyer
Speaker 1: because you're in bed and you're sort of out of
Speaker 1: your mind or whatever, that may toll the statute which
Speaker 1: means that may hold off the statute. For example, if
Speaker 1: I can sue you and it's a three year stature.
Speaker 1: If you go overseas and I can't get hold of you,
Speaker 1: that tolls the statue.
Speaker 2: Which means that it's just been extended.
Speaker 1: Norman, Hi, Norman, welcome, Yeah, Hi, Bill.
Speaker 11: Look, I got a question. It's a trust in an
Speaker 11: estate a question. And here's a question, Bill. My sister
Speaker 11: wants to buy my dad's house. Dad passed away six
Speaker 11: years ago. It's worth about seven hundred thousand dollars. She
Speaker 11: already owns a home.
Speaker 1: Hang on, a single woman who owns a house. Wait, wait,
Speaker 1: let me ask you a couple questions or I can
Speaker 1: answer the trust. Okay, the trust owns the home.
Speaker 8: Yes, I'm the trustee.
Speaker 1: Okay, got it.
Speaker 11: Okay, So anyway, she wants to sell her Inglewood home
Speaker 11: move to daddy's home. But she's wondering, how does the
Speaker 11: the Jarvis tax How would it help her buying Daddy's
Speaker 11: house in terms of taxes on Dad's house.
Speaker 1: It's going to try. I think it's going to be reassessed.
Speaker 1: I mean, there's not going to be any taxes. You know.
Speaker 1: The trust, Well, there's an income to the trust. So
Speaker 1: you've got that and reassessment. So she's not going to
Speaker 1: have to pay any taxes other than look at a reassessment. Probably,
Speaker 1: so the property tax is going to go up because
Speaker 1: she is buying the property from a trust. And I
Speaker 1: think and I don't know the answer to this. This
Speaker 1: is a little technical because if it's a family member,
Speaker 1: if it's a child who is moving in the property.
Speaker 1: But yeah, you know what, I think she's okay in
Speaker 1: terms of the assessment a you know what, I think
Speaker 1: it falls under Prop nineteen. I think it is you
Speaker 1: get to do a little research. But Prompt nineteen here
Speaker 1: in California, which says if you're over fifty five, the
Speaker 1: tax base stays the same on the house, the assessment
Speaker 1: tax and if you were a family member moving into
Speaker 1: the property, but that's upon inheritance. I don't know if
Speaker 1: it's upon the purchase of the price from the trust.
Speaker 1: And that is the issue. I don't know the answer
Speaker 1: to that, and the trust can.
Speaker 5: Help me with that.
Speaker 11: That's where we're at on this is who can help
Speaker 11: me and give me a legitimate answer as to where
Speaker 11: I stand on this.
Speaker 2: You have to call an accountant, Okay, the attorney way
Speaker 2: help me.
Speaker 1: Yeah, you can be a state attorney will tell you also,
Speaker 1: but you want to call the account as far as
Speaker 1: the taxes that the trust has to pay and as
Speaker 1: far as her moving in, I'd called the county recorder's office.
Speaker 2: Or yeah, she's.
Speaker 11: Buying, she's buying the property.
Speaker 1: Now now you want to buy the only issue, there's
Speaker 1: only two issues here, Norman. Is a comp property going
Speaker 1: to be assessed at a new tax base? When did
Speaker 1: your date? Yeah? When did you? Well, of course you
Speaker 1: worry about that because if the house is old, you're
Speaker 1: the tax base is very low. And if the purchase,
Speaker 1: if the house is purchased now, uh, and it's assessed now,
Speaker 1: the tax can triple or quadruple depending on what the
Speaker 1: old tax base is. So this is where you call
Speaker 1: the account on your recorder's office or do you just
Speaker 1: look it up and do a little bit of research.
Speaker 1: That's what I would do, but I'm just too lazy
Speaker 1: to do that. Also, you want to call an accountant
Speaker 1: about the trust paying tax on that too.
Speaker 2: So that's those are the answer.
Speaker 1: I wish I had a better answer, but that predicates
Speaker 1: me actually knowing something. See, that's always a problem. On
Speaker 1: this show because you call up and you assume I
Speaker 1: know the answer. What can I tell you? Good luck?
Speaker 2: This is Handle on the Law.
Speaker 1: This is Handle on the Law, marginal legal advice. All right, Hilanda,
Speaker 1: welcome to Handle on the Law.
Speaker 8: Good morning. I have a question about the hippa law.
Speaker 1: Okay, and all right.
Speaker 8: This is what happened to me. Is I have senior
Speaker 8: advantage plus on with my medical insurance. I went to
Speaker 8: so that covers again. I went to the dentist that
Speaker 8: they told me that I was.
Speaker 5: Able to go to.
Speaker 8: And when I walked in the office and went to
Speaker 8: the dental hygh genius who had to be in her twenties,
Speaker 8: and all of my medical records were all over this computer.
Speaker 8: It was I was able to see it. It was
Speaker 8: in an office where the door was open. Everybody else
Speaker 8: could have seen it. This is my personal not that
Speaker 8: I have anything to hide, but all of my personal
Speaker 8: medical records on it. I told her, I said, how
Speaker 8: did you guys get this? And they said that the
Speaker 8: the the company that I have my medical insurance through,
Speaker 8: you know, gave it to them. I never signed anything
Speaker 8: releasing my medical insurance from my primary care provider.
Speaker 1: Yeah, you did when you sign your Yeah, you did
Speaker 1: when you accepted the insurance company. Insurance companies, uh do
Speaker 1: share or they do ask for all kinds of medical information.
Speaker 2: They do.
Speaker 1: So now the issue is your insurance company has it.
Speaker 1: That's a given.
Speaker 2: The other thing is transferring to the medical office.
Speaker 1: Yeah. I don't know if that's a hip of violation
Speaker 1: because it was the previous h it was the previous
Speaker 1: medical It was the previous medical provider that sent the information.
Speaker 1: Do you know where that information was sent? For that
Speaker 1: the dentist office.
Speaker 8: Got I know exactly where it came from because it's
Speaker 8: the service that I have. It's through Medical as a
Speaker 8: good well a medical insurance provider through in California.
Speaker 1: So your information is sitting in a dentist office that
Speaker 1: you didn't agree was sitting in a dentist office.
Speaker 5: Okay, I did not agree to.
Speaker 1: Okay, So what's your question?
Speaker 8: My question is do I have a recourse on this?
Speaker 1: Because for what what do you Okay? Okay, all right,
Speaker 1: So let me ask you what would you like? What
Speaker 1: do you think that what do you think that's worth?
Speaker 8: Well, they they wrote me and they said that, oh no,
Speaker 8: we are allowed to send your stuff. Well, I'll tell
Speaker 8: you what happened is that my medical records have been shared.
Speaker 8: I got another letter in the mail from an independent
Speaker 8: living system and said that my medical insurance has been
Speaker 8: breached and my medical records have been breached, and to
Speaker 8: go ahead and call Equifax and cancel all of my
Speaker 8: credit stuff because they don't know what information has been
Speaker 8: released to whatever this has gotten.
Speaker 5: So.
Speaker 1: They can't tell you where the medical records. Someone hacked
Speaker 1: your medical records or they sent it out.
Speaker 2: By mistake against hip hop rules.
Speaker 1: Well, right, I mean there may be a violation, but
Speaker 1: I don't think you're going to get anything out of
Speaker 1: it because you haven't been now, you haven't been damaged
Speaker 1: at all.
Speaker 8: Well, yes, I have. How basically if you if you
Speaker 8: look at it, because well, I'm not saying I need money,
Speaker 8: That's not what I'm looking for. I just don't want
Speaker 8: my medical records us.
Speaker 1: They're out there, you know, distribute I mean, okay, okay,
Speaker 1: but they're out there.
Speaker 2: So you get to find out where they are, and
Speaker 2: you say.
Speaker 1: Don't distribute them, you know, because you're in violation of
Speaker 1: HIPPA that they already have. I don't know what the
Speaker 1: sanctions are. I don't know what the sanctions are.
Speaker 8: Well, I made a complaint to the company that I
Speaker 8: have my medical insurance through, and they said that, yes,
Speaker 8: they are able to send my medical records out, but
Speaker 8: I also have something that my authorizations for the use
Speaker 8: of disclosure information from cut.
Speaker 1: No, I understand. Okay, So let's say there, Okay, So
Speaker 1: let's say there's a violation. Okay, all right, So let's
Speaker 1: say they're a violation. All right, somewhere through that they
Speaker 1: violated HIPPO though its medical procedure to medical person, that's
Speaker 1: a whole different, and you're dealing with both medical providers
Speaker 1: and insurance companies.
Speaker 2: I don't know if.
Speaker 1: That's a violation of HIPPA, but let's say it is. Okay, Now,
Speaker 1: what do you want them to drop it? All you
Speaker 1: make that demand, you complained the insurance company. They're not
Speaker 1: helping you because they're saying, no, we had the ability
Speaker 1: to do it.
Speaker 8: Okay, So I had no recourse?
Speaker 5: Yeah, no, I don't think so basically what that.
Speaker 1: Yeah, I don't think so. I think you know, hip
Speaker 1: A violation is releasing the information out there to someone
Speaker 1: who is unauthorized to get it, and.
Speaker 2: That's not what happened. John, Hi, John, Welcome.
Speaker 12: So my mother was staying with me out of town
Speaker 12: and we got in a big fight and i don't
Speaker 12: remember what we were fighting about, but I'm pretty sure
Speaker 12: it was her fault, but she got madden stormed off,
Speaker 12: and on her way home, she decided to stay at
Speaker 12: a hotel. This hotel had partnered with a charity group
Speaker 12: to vocationally rehabilitate x CON and my mother was going
Speaker 12: back to hotel her hotel room, and this man followed
Speaker 12: it down the hall and stuck his foot in the door.
Speaker 12: When she entered her room, she didn't notice this, and
Speaker 12: when she went to the bathroom and came out, this
Speaker 12: man is standing there like a pro golfer working on
Speaker 12: his putt, and my mother screamed and he ran away
Speaker 12: and called the cops immediately, of course, and the cops
Speaker 12: came out, looked at the security camera video, and arrested
Speaker 12: the man. Well, my mom is now suing the hotel
Speaker 12: and the charity, and I'm kind of not sure like
Speaker 12: about like her lawyer, because he wants to ding the
Speaker 12: hotel and the charity for a million dollars apiece.
Speaker 1: Yeah.
Speaker 2: They yeah, they that's what they do.
Speaker 1: They sue for I'm surprised it's not a fifty million
Speaker 1: dollar lawsuit.
Speaker 2: That means nothing.
Speaker 1: Suing for a million dollars or two million or five million,
Speaker 1: that's not going to happen.
Speaker 2: You remember the dominion suit against Fox.
Speaker 1: Yeah, yeah, that was they were asking for one point
Speaker 1: six billion dollars and they settled for seven hundred and
Speaker 1: fifty thousand dollars or seven hundred and fifty million dollars.
Speaker 1: The company is worth one hundred million dollars and they
Speaker 1: were able to get seven hundred and fifty million, which
Speaker 1: is never been heard of.
Speaker 5: Bill.
Speaker 12: This hotel is one of the biggest hotel.
Speaker 1: I'm not arguing that, you know, I'm not arguing that.
Speaker 1: All I'm saying is that there I tell you, if
Speaker 1: I'm part of this hotel, unless it is one of
Speaker 1: those people that were in the rehab, If it is
Speaker 1: simply somebody walking in the door and they were able
Speaker 1: to get in and it's a it's a public building.
Speaker 1: If I were the hotel, I would defend it, say no,
Speaker 1: it's just someone walking through, someone walking through the hall.
Speaker 1: They are we going to know what happened?
Speaker 12: They know they subverted their hiring practices. To hire this
Speaker 12: ex colony. He was an employee of the hotel.
Speaker 1: Oh okay? And and again what was he a drug addict?
Speaker 5: I don't know.
Speaker 1: I don't either, But it doesn't matter at this point.
Speaker 1: We're just talking about a potential defense. But what's your question?
Speaker 12: Should I tell him to make her more, sue for more?
Speaker 1: No, yeah, it doesn't matter. She's never going to get
Speaker 1: a million dollars anyway. I mean, what do you think,
Speaker 1: what do you think she's going to get? Someone breaking
Speaker 1: in a hotel room or walking in and and he walks.
Speaker 2: Away, and he runs away, and yeah, I understand.
Speaker 1: So I'm assuming she has already gone to a shrink
Speaker 1: and her life is devastated, and the shrink is prepared
Speaker 1: to say that her life is over, that she'll never
Speaker 1: sleep again, that every time she sees any man she
Speaker 1: immediately breaks down and hits the floor in a fetal
Speaker 1: position and moans, I mean, it's not that easy, it's
Speaker 1: not And then a million dollars ain't gonna happen, John,
Speaker 1: it ain't. So Yeah, why don't you call your lawyer
Speaker 1: and ask her to sue for fifty million? Sure? Why not?
Speaker 2: Maybe fifty million is too low? Maybe one hundred million.
Speaker 1: All right, before we bail, a quick word about your
Speaker 1: bad breath.
Speaker 2: Now, do I know you have your breath bad breath?
Speaker 1: Nah?
Speaker 2: You probably don't because you never go to sleep, awake up.
Speaker 2: Do you have morning breath? Or you don't drink coffee?
Speaker 2: Well I do.
Speaker 1: And you never eat foods that are spicy. All you
Speaker 1: eat is bland food, maainly dog food, which has no
Speaker 1: spice at all. Well, let me tell you eat garlic
Speaker 1: and onions and spicy food. I mean, obviously the bad
Speaker 1: breath happens in your mouth, but then it's still garlic
Speaker 1: and onions that go down in your stomach, and that
Speaker 1: causes a lot of bad breath right from your stomach.
Speaker 1: And a lot of people don't know that. But let
Speaker 1: me tell you about Zelmon's. Zelman's minty mouth far more
Speaker 1: than a mint, because it takes care of the mouth part.
Speaker 1: It's a little capsule that has a nice strong minty
Speaker 1: coating new flavor spearmint, by the way, And not only
Speaker 1: does it work in your mouth, but then you swallow
Speaker 1: it or bite into it when the mint part is finished,
Speaker 1: and it goes to work in your gut, in your
Speaker 1: stomach and It's hours and hours of fresh, clean breath
Speaker 1: so you don't smell like the wrong end of a
Speaker 1: rhinoceros in heat. Zelmans, you can't get it at Walmart,
Speaker 1: you can't get it at Costco, or you can't get
Speaker 1: it at Smart and Final. But you can get it
Speaker 1: on the website. Go to Zelmans dot com. Z E
Speaker 1: L M I N S. That's Zelmans dot com. Zelmans
Speaker 1: dot com. This is Handle on the Law. You've been
Speaker 1: listening to the Bill Handle Show. Catch my show Monday
Speaker 1: through Friday, six am to nine am, and anytime on
Speaker 1: demand on the iHeartRadio app.