Episode Transcript
You're listening to Bill Handle on demand from KFI AM six forty and this is.
Speaker 2Caffi Noll have her here on a Saturday morning, as we have another two hours to go.
And following the show, Rich to Murrow with a tech show, and that's eleven to two o'clock, and then Neil Savadra with the FOK reports the food.
Speaker 3Show only till three, only.
Speaker 2One hour a day because of the football game and so you so he's gonna cram a lot into one hour.
And so here we go right up until eleven o'clock.
And I take phone calls after the show, which I'll explain to you later on in the meantime phone number top of the hour, of course, always best time to call.
That's when you get in eight hundred five two ero one five three four, eight hundred five to ero one five three four.
This is Handle on the Law March Legal Advice, where I tell you you have absolutely no case, all right?
Speaker 3Is there a case against Uber?
Speaker 2Here is a stat that is being reported that Uber received reports of sexual assault or sexual misconduct in the United States nearly every eight minutes between seventeen, twenty seventeen and twenty twenty two.
So we're talking about a five year period, and this figure is far higher than the company previously disclosed.
And the numbers are kind of staggering because Uber had released for that same period of time twelve thousand, five hundred and twenty two accounts of serious sexual assaults for the same period.
Speaker 3And there we go in terms of what is serious what is not serious.
Speaker 2I'm groping a passenger is one thing, merely saying something, even to the point where, hey, you look great.
Even going beyond that, boy, what a figure you have that would be considered a some kind of a sexual misconduct certainly is at work.
Speaker 3Let me tell you.
Speaker 2If I talk to one of the salespeople or someone else on staff, producer, someone else on the air, and it's it's a woman, Hey you look really good today, there is sexual misconduct right there.
Speaker 3If I say that to a guy.
Speaker 2Let's say I see one of my coworkers walking down the hallway and I look at him and take a quick glance to his nether regions and go and say, you know, that's quite a fruit package you have there.
That is considered a sexual misconduct.
So Uber is saying that this the twelve five hundred accounts were of serious sexual out sexual assaults.
And there is this story that's coming out there's gonna be LOSSU.
It's a New York Times study that talked about four hundred thousand reports, okay, and so these are court records, okay, lawsuit of course, Uber safety decisions why they say there's so few, and they go through a whole discussion of the company focusing on expanding its customer base and putting drivers that are not appropriate or they don't do enough background checks, and that limits legal exposure since they are independent contractors.
I mean, there's a lot of it.
But the other thing is is how many assaults there were and differentiating between as I said, hey, you look great or where do you want to go?
Baby, that's enough to be reported and that becomes sexual misconduct.
And so what Uber saying, don't give us four hundred thousands of these?
I mean, they could be reported, but come on good looking versus a grope or a grab or a straight solicitation.
Speaker 3So that's one issue.
Speaker 2The other issue is, let's say there were four hundred thousand reports over that five year period, okay, which, by the way, I have no problem believing out of how many out of hundreds of millions of trips that were taken, could even be in the billions for all I know.
And so if you're talking four hundred thousand out of hundreds of millions or more, now what kind of percentage are we talking about?
And so the lawsuit says there shouldn't have been one.
You should have been more cognizant, more careful, And they come back with are we acting unreasonably?
If one tenth or one one tenth of one percent of our drivers act unreasonably, does that mean that we are not doing enough?
That is the question.
So it gets really interesting as to which way that's going to go.
I mean, you know, four hundred assuming the four hundred thousand is correct, and I'm not doubting that, except as I said, it breaks down between all the way from a comment all the way to a rape, and somewhere in between is the number of where you differentiate it when is it kind of come on, really, it's hey, you're good looking versus yeah, I'm not going to argue an attempted rape.
And then the number of complaints versus the number of dry of drivers and trips that were taken.
Speaker 3All right, let's take a phone call, Bob, Hello, Bob, welcome to handle on the law.
Speaker 4Yeah, hey, uh, I have a deal.
Speaker 1Uh.
Speaker 4I went through workers compensation.
You know, it's got beat up of work and stuff.
And I was there for a long time.
I had permission to put some belongings of mine okay from uh, I went through a bad divorce, all this kind of stuff.
Anyway, Permission to put.
Speaker 2Your boy why wait, wait, hold on a minute, permission to put your longings where.
Speaker 4In the company warehouse?
Ah?
Speaker 3Okay?
Speaker 2And you and then you were injured and then you went on workers comps during the course comp Okay, okay, understood.
Speaker 4I got injured, they and they put me on workers compensation.
I was off of work.
And then you know, when you're on workers comp you know, you disappear, you know.
Uh, And they didn't contact me anymore.
And I tried contacting them while I was on workers comp they closed the warehouse down.
Okay.
I went through a bad divorce after thirty years and uh, my child, my childhood belonging.
Okay.
Everything I had left was which I had permission to store in a warehouse okay, was disposed of.
Speaker 3Okay, so they threw it away, all right?
Fair enough.
Okay, I got it.
I got it.
How much was that worth, Bob?
How much was that stuff worth?
Speaker 4Well, you know, there's no value on it to me, Bill, I mean, what, hey, there's a baseball, but I hit a home run when I was an All Stars.
Speaker 2No, I get that, and it's worth and that's and that's very valuable to you.
That has sentimental value.
Speaker 4But since since collection?
Speaker 3I was okay, I hang on a minute.
Did that so?
Speaker 2Did they have value or was it all sentimental value?
Speaker 4Well, to me, it's all sentimental value.
Speaker 2Okay, Well no, no, no, I'm talking about did they have value?
Speaker 5Not?
Speaker 3To you?
Speaker 2Did is a staff collection?
Was it worth five thousand dollars on the open market?
Was it worth three thousand dollars?
How much hard money do you think you lost?
Speaker 4That's why I'm calling you.
Speaker 3Yeah, I don't know what.
I don't know how much.
Speaker 4Well, here you are.
I think it nineteen.
It was nineteen, Bill, I had stamps from the eighteen lady eighteen hundred.
Speaker 2Yeah, you know what, And I don't have my and I don't have I don't have my book that gives value of stamps here in my vast collection.
Here's the bottom line here, here's the bottom line.
What you can sue for is the hard value.
Unfortunately, the sentimental value to you, which is enormous.
The law doesn't recognize because how much is sentimental value?
There are people that, oh, yeah, you know what I mean, Yeah, it's important to me.
Speaker 3Uh, but you know, I'll live.
Speaker 2And then there are other people where you're going to take a swan dive off the top of a parking structure because you're so devastated.
Uh, what's what a sentimental value worth you?
If you're suing, how much money you're going to sue for because it's hard dollars?
Speaker 4I have no idea exactly.
Speaker 3So all right, so there's your lawsuit.
There's your lawsuit.
Speaker 2You're suing the company, which they probably are negligent, by the way, I don't have a problem with that, and you were suing them for I have no idea how much money.
Speaker 3You see how that works?
Speaker 4Well, but how much money does a baseball that a home run when you're fourteen years old?
Speaker 1I don't know how much.
Speaker 3I don't know.
Speaker 4I don't know that you've developed, I don't know.
Speaker 3I don't know.
Speaker 2The seventies Okay, I don't care Okay, I don't care about I don't care about baseball, and I don't care about stamps.
Speaker 3So if I'm on a jury, you gotta get nothing.
Speaker 2Unfortunately, sentimental value even though it is real.
Uh, it's it's impossible to ascertain.
And it's just you know, that's one of those and I understand it.
Man, you had permission and all of that.
It's it's horrible when that happens.
Speaker 3But where do you go with that?
Oh, let me tell you where you can go.
Speaker 2On Saturday night, October eleventh at the Anaheim White House, the Anaheim white House Restaurant, my favorite restaurant out there.
It's an Orange County Anaheim.
And on Saturday night, October eleventh, Zelman's, which I tell you about all the time.
Zelman's Minty Mouth, with these great capsules that you covered with a really strong mint that you put in your mouth and then when the mint part is gone, you swallow them or bite into them, and they get to work in your gut where bad breath can actually start and stay there, because you know, there are two places where food congregates.
Speaker 3In your mouth outcomes.
Speaker 2Bad breath, and in your stomach, where outcomes bad breath and Zelman absolutely takes care of that.
So here's what's happening.
October eleventh, Saturday night.
We are inviting.
This is Neil Savedra and I are hosting a dinner and it's gonna be garlic and onions and all kinds of fun breath breath freshener stuff, and we're gonna put Zelman's to the test.
It's that simple.
It's a Zelman's dinner at the Anaheim White House restaurant.
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Any purchase automatically enters you to win, and there'll be five winners plus a guest Saturday night looking forward to having you there.
Speaker 3And certain restrictions do apply.
Speaker 2Go to the website and they'll say all about it and who wins and who doesn't win, et cetera.
All right, go to Zelmans dot com and the promo code is KFI Zelman's ee L M I N S.
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Speaker 3This is handle on the law.
Speaker 2And this is KFI AM six forty bill handle.
Here it is a Saturday morning where we continue on with the legal show and phone calls We've gone through a lot of phone calls very quickly.
I tell you about that all the time.
So right now we need phone calls.
This is what this show's about.
This is what bugs me about the show because it's without you.
I can't do it.
And so what am I to do?
Talk about my experiences in the law.
No, I don't want to do that.
That's way too embarrassing.
So here's what happens when I'm asking for phone calls and there's only one or two up on the board.
Is you get to listen to my favorite song now before we're playing it.
Keep in mind that if you remember the Panama dictator General Noyega where the army wanted to get him out and they played hard rock music for twenty four hours a day blasting the presidential palace.
So with that in mind, uh, let me play you, and this is to generate phone calls.
Speaker 3Let me play you my favorite song.
Speaker 2And listen very carefully about to this song, to this music Maestro.
Speaker 4Shay baby checked, baby checked, baby shack, Mommy shut.
Speaker 3Do do do do mommy shut?
To do do mommy shut?
Speaker 5Do?
Speaker 3Do mommy shut?
Speaker 2All right, we got about half an hour left of the show.
So I have no problem listening to this for half an hour.
Yep, yep, shut.
Speaker 3Grandma shirt.
As we continue looking.
Speaker 6Shark grab bar, shark grab bar, shark.
Speaker 2Let's go all right, let's bring that down a little bit because this is very funny stuff.
Let me bring this down a little bit and we'll bring it back.
I mean, don't worry about this.
And I want to tell you about NetSuite.
Net Suite is a business business computer suite.
What it is is AI and if your business isn't using it, you're probably losing all kinds of money, productivity, a competitive edge.
Speaker 3God, this is under I love the music underneath this.
Speaker 2Net Suite helps you control costs, increase efficiency.
It is the number one cloud business management system out there.
What it does it brings accounting, financial management, inventory HR into one efficient suite.
Speaker 3I don't know how I can concentrate on this while I'm listening to music.
Speaker 2So if you are in business you do two million dollars or more, let me suggest at least going to net suite and getting the free cfo's guide to AI Machine Learn and you'll look.
Speaker 3Let's see if NetSuite can help you.
Speaker 2Forty three thousand business have certainly done that, and the download is free, so no downside here.
The download is free, no downside, so go to NetSuite dot com slash handle NetSuite as an office suitees NetSuite dot com slash handle.
Speaker 3This is Handle on the Law.
Speaker 1You're listening to bill Handle on demand from KFI.
Speaker 3I am six forty KFI AM six forty bill Handle here.
It is a Saturday morning, continuing on.
Speaker 2For another hour and one half at the end of the show at eleven o'clock, when I lock out and say goodbye, I'll continue taking phone calls off the air, and I will explain that a little bit later.
And we did play Baby Shark because we weren't getting enough phone calls.
But you know, it seems to do it every single time because people can't take that song and your head tends to explode after a few minutes.
So the number here eight hundred five to ero one five three four, eight hundred five two ero one five three four and you will get in all right.
Welcome back, Handle on the Law, Marginal Legal Advice.
James, Hello, James, welcome.
Speaker 4What is a handle?
Speaker 3Yes?
Speaker 1I wasn't gonna bug you this week, but you just had to do the song.
My question is about a couple officers that took things a little bit too far, and I wanted to explain it as the best way I can quickly.
I was on my dirt bike.
I was crossing a street portion where the aqueduct was so I couldn't go in the dirt, and they pulled me over.
Was complying, but it quickly went to them putting me in handcuffs, and I have nerve damage.
My LEF scan as kind of confused, so it wrote me up as resisting.
Speaker 3Oh yeah, they always do.
Speaker 2Yeah, okay, So what exactly happened between uh them coming there, uh and saying hello to you?
Uh and you were in cuffs?
Did someone call the police or did they just show up?
Speaker 1No?
I passed them as I was because I was coming through the desert area and I was going to my hotel.
Speaker 2And you passed, you passed someone who was on the road or on the same Uh, we're just.
Speaker 1Waiting right there, and I went to cross because.
Speaker 2Okay, okay, okay, so you passed the okay, you passed the police and they and they started chasing you and pulled you over.
Correct, Yeah, okay, all right?
So get out of the car.
They asked you to get out, and now I am dirt bike.
Speaker 3They asked you off.
Okay, and so what was the altercation?
Speaker 2What was the conversation between you in the police at that point.
Speaker 1They said get off?
I did, and then right away I was already in handcuffs.
Speaker 2Oh okay, yeah, and then resisting arrest.
Well, hopefully there's a body cam there.
Speaker 1And the thing it went to me going into fifty one fifty because I was telling them how upset I was because my mom just passed away and I really didn't need their whatever going on right now.
I wasn't out murdering.
Speaker 2Yeah, yeah, okay, And but.
Speaker 1First of all, I let my dirt bike being impounded, which costs more than the thing is worse because I was in uh whatever for two days and I have animals in a hotel room.
Like it just went way out of control.
Speaker 2Yeah it did.
It sounds like it went way out of it.
Sounds like the cops in this cases went out of control.
Based on what you are saying, that's exactly what it sounded like.
Now, I if it happens the way you described it, where they literally you get off your bike and they immediately put you in handcuffs and then drag you off and then throw you into facility where two days, which they can do.
And you've got animals, et cetera.
And you've explained it all, and there's the body cam.
You've got a pretty good shot at suing the police for civil rights violation and any injuries that you had.
The problem is, in the middle of all that, James, you said you were telling them in no uncertain words that your mom just passed away and you were getting into an argument with them.
Speaker 3Do I have that right?
Speaker 1Not really an argument, just more depression, I guess sadness.
Okay, all right, be arrested and you.
Speaker 2Know, okay, all right, so you act so okay, So you acted appropriately, is what you're saying.
Speaker 1I would I would say, so, yes, okay.
Speaker 2Well they're going to say no resisting arrest.
And this is why God invented body cams.
Is you certainly how badly were you injured?
You said somebody about nerve damage.
Speaker 1I have nerve damage in my left hand, so that when they're putting the cuffs on me, all right, so you don't handle it, okay, all.
Speaker 2Right, So you already had nerve all right, you already had nerve damage.
Speaker 3Yeah, okay, yeah, okay.
Speaker 2It's one of those cases where it it sounds like a good case, but you know what's it worth?
Speaker 3You know, a couple of days?
You know, being put away?
Speaker 1Is that worth a couple of days?
Speaker 2You know what you gotta You're gonna have to say, you know that's not yeah, you know what that is not insanely over the top.
But you don't just turn around and get twenty grand.
You have to hire a lawyer.
A lawyer has to fun make a claim, file a lawsuit.
They don't roll over.
They don't roll over.
So you're going and it's not gonna be a well maybe a personal yeah, I don't know.
Maybe go to the website, go to my website handle on the law dot com and you probably talk to Mark and asks the question, just say do I have anything here?
Speaker 3And if there's anything here, I'll tell you yeah or no.
Speaker 2They're pretty honest about that sort of thing, So I'd give that a shot.
See what happens all the time.
Unfortunately, John, Hello, John, Welcome.
Speaker 3Yo.
John.
Speaker 2Now I don't know if John is on the delay in listening to the radio, which is really unfortunate.
Okay, Janet, Hello Janet.
Speaker 6Yes, I'm eighty eight years old.
Speaker 3Wow, you sound good.
You sound very good for eighty eight.
Speaker 2And I don't know why today I'm getting everybody that is close to one hundred on this show.
Speaker 3But you sound Listen.
Speaker 2If I was eighty eight and sounded as good as you, I'd be a real happy camper.
Okay, moving on, Oh that's great.
So yeah, so you're a foxy eighty eight.
By the way, do you put out.
Speaker 6Only if I'm asked?
Anyway?
Speaker 3Okay, excellent, go ahead.
Speaker 6I've lived in my house for sixty years.
It's paid for and in the name of the trust.
Is there anything that I should do to protect it from you know those dans you see on TV where you have people stealing your house.
Yeah.
Speaker 3No, The reality is I've never heard of anybody doing that.
Speaker 6Oh they just want money.
Speaker 3Yeah, It's it's not easy to do.
Speaker 2You know what I would do is get one of those identity theft protection firms, the legitimate ones.
Speaker 1That are LifeLock.
Speaker 3So I think you're good.
Speaker 2I think you're good because you know, if someone goes in, keep in mind that they have to notarize your signature.
Go in and file, and then you just don't turn around and hand out properties.
It just isn't done that often.
So yeah, I think you're going to be fine.
Go ahead, go get laid someplace.
Speaker 3Okay, all right, thank you?
Speaker 2Okay, Oh that's that excellent.
This is Handle on the Law.
Can't fie handle here Saturday Morning.
Phone number for Legal Advice eight hundred five two ero one five three four eight hundred five two ero one five three four and welcome back.
Handle on the Law, Marginal Legal Advice.
Robin, Hello, Robin.
If you have a question, Hello, Hello, Yes, sir, go ahead, Robin.
Speaker 3Are we having.
Speaker 7If that's me?
Speaker 3But I'm I can't sorry, it says Robin, I can't.
Speaker 7If you can hear me, I can, I can't.
Speaker 3Can you hear can you hear me?
Speaker 4Yes?
Speaker 7Yes?
Speaker 3I love phone calls.
Yeah no, there's not that.
I mean, obviously I love those two.
Speaker 2But just the phone technology today and you're on a cell phone, of course, and it's just.
Speaker 7Cripy I'm online.
Speaker 3Wow, okay, okay, Bill.
Speaker 2Yeah.
Speaker 7I bought a company back in twenty fourteen, and they were a service company for heavy equipment, and it had a particular brand of fork of equipment that we sold.
At the end of that year, they canceled the dealer agreement, which I had taught may happen because they ended up taking my dealership and a bunch of other little small guys in the area and giving them all to one big dealer.
So I had a DVA using that company's name, which I've continued to leave on and about three years after I bought it came they sent me a letter and said, hey, you need to remove these pictures that represent this manufacturer and you need to not have their logo on your website.
So I removed all that and have been using it for all these years because I get leads off of it.
I just now got a letter from where they're say they're going to assume because I'm using their branding.
I do have their name on the website because that's a name that I've registered is my DBA, but I don't have their logo on here, and I'm wondering whether they can.
Speaker 3Yeah, they do anything.
Speaker 2Yeah, they can, because you're using their name for commercial purposes.
Speaker 3They and you no longer represent them.
Speaker 2So yeah, I did another DBA and tell them that they can sue you and just say hey, I'm in the process of getting another DBA, and I will absolutely comply.
That's what you want to tell them in an email and then they'll give you time and they know you're on the up and up absolutely Okay, Yeah, yeah, well that's not simple.
Speaker 3Yeah, other's things to talk about.
This is what I love about what I do.
I always cut people off.
Carrie, Hi, Carrie, welcome.
Speaker 5Hi.
I have a living trust.
On the living trust, there's a property worth eight hundred thousand dollars.
I was left seventy percent of that property.
A sibling was left thirty percent of that property.
There's a forty thousand dollars equity line on the property.
Can I insist that the other sibling that has thirty percent of the property pay thirty percent of that equity line?
Speaker 3No?
No, the equity No no.
Speaker 2The equity line has to be paid off by someone.
Speaker 3And you've elected to pay off that equity line, and you and your.
Speaker 2Whoever it is your sister has said, I'm just not doing it now.
Can you deduct it?
Are you going to sell it?
Or do you want to own the property completely?
Speaker 5Well, I don't have to pay her her thirty percent.
Speaker 3No, I know what you have to do.
Speaker 8I know I have to sell.
Speaker 2No, I understand, but yeah, that's true.
I mean if the if the property doesn't sell, but you're not going to get her name off of it, and she's still going to retain the thirty percent.
Speaker 3And when it sells, you can deduct.
Speaker 2The money that's on the equity, but it's going to come out of escrow anyway.
It's going to come off off the top to pay off the equity loan.
And then what's left is seventy thirty percent seventy and thirty percent.
So by you paying thirty percent, you're not going to be able to reduce what she has because the trust is really clear seventy thirty and whatever is borrowed against it gets paid when the sale happens.
Speaker 3All right, Donald, Hello Donald.
Speaker 8Hey Bill, thanks for taking my call.
I'm about one party state recording a phone call with someone in California.
Based on what I'm seeing online.
If or a business or a person in a one party state calls a caller in like our state, California, they're required to bye bye?
Are the two party law?
Is that correct?
Speaker 3Yes?
My understanding is that is correct.
Speaker 8Now, how would I move forward?
With going out to this business.
They keep claiming they're within their legal legal right to record the phone call.
Speaker 3Okay, well you have to lookate.
Speaker 2What are your damages as a result of the fact they recorded or they were strangers?
Speaker 3Yeah, they just you can't just what are you gonna add?
What are you asking them to do?
What do you want out of this?
Speaker 8Well, so the problem is they're a mechanic.
I had my vehicle fixed out of state.
They keep going backwards on everything they're saying as far as mechanic goes.
They started recording my phone call at least I know of one of them.
And the problem I'm having is I'm supposed to go back to them.
Are gonna end up having to go back to them to do a warrant you work on my truck?
But I can't believe they're gonna do what they're saying.
And I'm just, well, they can't.
Speaker 2Let me put it this way, they can't use any conversation that you've had, that's all.
Speaker 3They can't use it.
They just cannot.
It's as if that didn't happen.
Speaker 2But it seems it seems to me you didn't say anything that would hurt your case at all.
Speaker 8I mean, yeah, I didn't say anything, but okay.
Speaker 3Okay, then it doesn't matter.
So there they are.
Speaker 2They recorded a conversation with illegally right that they can't use.
Speaker 3I mean it could be.
It's depending on the state.
Speaker 2Nevada, for example, it's a criminal violation to record, you know, if you're one person because it's a two party consent state.
Speaker 3But okay, it's a criminal violation.
Speaker 2What's the DA gonna do go after someone who has recorded a conversation where the recording doesn't hurt them, So they're not gonna tell you're you're fine.
Just they're not even gonna use that recording if there is say don't talk to them again.
Speaker 3You know, I just go to court.
Speaker 2Do your stuff, uh, and don't talk, don't admit anything, which it looks like you're not doing anyway.
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Speaker 2To podcasts, the Pain Game Podcast, the Pain Game Podcast on social at The Pain Game Podcast.
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Speaker 3This is Handle on the Law.
You've been listening to the Bill Handle Show.
Speaker 2Catch my Show Monday through Friday, six am to nine am, and anytime on demand on the iHeartRadio app.