Episode Transcript
You're listening to Bill Handle on demand from KFI AM six forty.
Speaker 2This is Handle on the marginal Legal Advice.
Would I tell you have absolutely no case?
This one is here in southern California.
There is a school, Pepperdine University, And what happened was there were four Pepperdine University's sorority sisters that were crossing Pacific Coast Highway.
Now, this is a highway where people's right next to the beach and Pepperdine overlooks the ocean.
It's a fabulous campus and you can walk along the beach, which a lot of students do, and they have to walk across the street to get there, and people drive through there at just incredible speeds.
Well, a guy they named Frasier Boehm was driving at more than one hundred miles an hour when he plowed into them, and he's charged with four counts of murder and vehicular manslaughter with gross negligence.
Has happened in twenty twenty three, and that stretch of PCH Pacific Coast Highway is known as dead Man's Curved.
He plows into a parked cars and killing the woman, and he is charged with murder based on this concept called implied malice.
Speaker 3He didn't actually intend to.
Speaker 2Kill anybody, and usually murder is the killing of someone with.
Speaker 3The intent to kill.
Speaker 2Implied malice is that he did something so negligent or he did something so outrageous that he had a conscious disregard for human life.
And that's exactly the argument here, because he was at one hundred and four miles an hour before the crash.
Speaker 3So his new lawyer, and.
Speaker 2This is a guy who is very high ends has defended a lot of people, he argued that speed alone is an implied malice based on rulings by the California Supreme Court, so the murder charge.
Speaker 3Should be dismissed.
Speaker 2And he said that there was insufficient evidence presented at the preliminary hearing.
Speaker 3To show that the driver Boeham.
Speaker 2Knew that there was a good chance of death.
Conscious disregard for human life, I don't know.
And he also said that the argument that Boeham crashed because he was being chased by a road rage driver, which is a complete croc But the implied malice is one that is not easy to prove, except when what someone is doing is so out rageous it's like shooting.
Speaker 3A gun into a group of people.
Speaker 2You're not intending to kill anyone, but it is such disregard for human life because you know it could and when you do, it's murder.
Speaker 3And that's the case here.
Speaker 2So judge said, no, we're going to go forward with murder charges as well as the judge should.
All right, let's go ahead and take some phone calls.
Jony Hi, Jony Hi.
Speaker 4Will Yes, I want to leave something to a person.
He's not a relative in my will.
Besides his name, would information, if any would I need to include about him in the will?
Speaker 3Well, I would put.
Speaker 2His size, his weight, any commuticable diseases that he has, whether he's ever had an STD, any birthmarks he may have.
You probably just have to leave his name and to make sure that it's him.
All he has to do is prove that it's him, which you don't want happening.
Is someone coming in with the same name.
So you just described this is a friend of mine who's been with me for whatever, and the what I would do is just describe him in a way that no one could come in or there's going to be no discussion as to who he is or isn't.
Speaker 3That's what you need to do.
Speaker 4Is his birth date or an address or a phone number.
Speaker 2I would do it all.
I would do it all, throwing as much stuff as you can.
Yeah, the more the merrier.
This is just a straight inheritance, a will or a trust.
Speaker 4No, it's going well.
Oh that was another question?
Is it?
Do you need to have both a will and a no?
Speaker 5Just one?
Speaker 3No one or the other?
In your case, it would be there's a rollover.
Speaker 2Thing, but that as far as he's concerned, it's simply a will or a trust.
Speaker 3How much you're going to leave him, Jonny.
Speaker 4Well, it's not money, it's the thing.
Speaker 2Okay, then you probably need a will and not a trust.
And what is the thing that you're What is the thing you're leaving here?
Speaker 4I knew you would want to know.
Speaker 3Oh wow, you betcha.
Speaker 2You want to make it as specific as you possibly can.
Speaker 3Very nice for you to do that, seriously nice.
Wow.
Okay answers that question?
Uh, Hello, Pat, welcome, Hi Bill.
Speaker 6I got a neighbor that has a huge overgrown tree in his yard and the tree is starting to go on to my roof, parts of it and mess with my souler.
Oh also, you know it's gotten the trunk has gotten so big it's up against my brick wall, and I can start to see like cracks.
Speaker 3Okay, yeah, you've got, you've got, you've got.
Speaker 2You have some real issues there, and certainly any damage to the brick to your wall they have to repair, and you can force them to say you've got to you know, you have to do something about the tree, either cutroots or whatever.
Speaker 3It is getting worse and worse.
Speaker 2Now you can get theoretically you can get a court order where the judge orders them to take care of it.
I don't know if the judge is going to do that, or every time there's damage to your wall, you fix it and you sue them in small claims court and you fix the wall, and let's say it cracks again a month from now.
Speaker 3You sue them again.
And if you have to assue.
Speaker 2Them every month, and at some point, they're going to do something because it's a new issue every month, because they continuously are causing damage.
Now, as for the solar part of it, that one gets interesting because they're allowed to grow a tree as high as they want.
Is their property now the law and it's sort of up in the air.
I mean, I have neighbors that are terrific.
I have a solar panel system at the house, and I've got neighbors who the tree was grew to the point where it interfered.
And told the neighbors they were terrific.
I said, I'll pay for the pruning, and they said, no, of course not, they'll pay for it.
But those are the neighbors I have.
I'm assuming you don't have those kinds of neighbors, am I right?
Speaker 5Yeah, they don't want to trim it at all.
Speaker 2All, Right, then you can force the issue.
Is any part of it on your property?
Are the branches, leaves, anything hanging over?
Speaker 6Yeah, the branches are off.
Speaker 3Okay, you can cut those.
Yeah, you can cut those.
Speaker 2Anything that's anything that's on your property over the property line, you can cut.
Speaker 3You have to let them know.
You've got to.
Speaker 2Say, hey, your your tree is now past the property line as in my property, get rid of those branches.
And they can do that, and then you find out what the what the law is, which I don't know right now.
I don't know if the law as far as and there is case law on this, there's then there's all kinds of all kinds of statutes involved blocking someone's solar panel and when they were put in, and is a growth to the point where you were first and or was it that area already in shade and then you put in the solar panel.
So there's a whole bunch of reasons on that one, or a whole bunch of issues, but the bottom line is, yeah, you've got some real uh, you've got some real damages there that works.
Speaker 3This is Handle on the Law.
Speaker 2Welcome back, Handle on the Law, Marginal Legal Advice.
Speaker 3Michael.
Hello, Michael, welcome to Handle on the Law.
Speaker 7Thank you, Mikay Handle.
I have a quick question for you.
I pick up these gentlemen at a gentleman's glove on tonight.
It was raining, and when he came in, he told me, hey, you didn't anything see me?
And I said, sir, you were in black, it's raining, it's dark the parking lot, and I am like, look, sir, I'm not taking you.
I canceled the rye and I said I need you to get out of my carriage.
And we have a little argument, but it wasn't much, nothing, nothing to it.
So he went right back to the street clop and I left and I stopped like about four blocks away, and I sent a message why I canceled the ride.
Five minutes later, I got disconnected.
I got disconnected for twenty eight days.
This guy accused me of injuring him I seeing him, and that I broke his leg.
Speaker 3Okay, of course, what you're gonna do?
What's your question?
What's like that?
What's your question?
Speaker 7My question is that he's protecting this person's identity.
I cannot find out who he is because I want to take it to court.
Speaker 2Okay, here's what you can do.
Hang on, here's what you can do.
And what are you suing him for?
Speaker 5By the way, because can you excuse me of something?
Speaker 3I understand?
No, I get it.
I get it.
No, I understand.
Speaker 2And you're arguing that he costs you twenty eight days of.
Speaker 7Employment completely, I must have lost seventy five hundred dollars.
Speaker 2Okay, so there's your damages.
Okay, seventy five hundred dollars are your damages?
Speaker 3Right?
Speaker 2Well, no, you can't say minimum.
You have to find out.
I mean, there has to be some experience.
What does minimum need?
Minimum seventy five hundred, maximum one hundred and fifty thousand.
So the way you're going to have to prove it is a history of what happened over the last years, how much people make or what is the average that's paid for during that year for drivers in your area who work as many hours as you do in your area.
Speaker 3And you have to have a whole history that.
So you produce the history of it.
Speaker 5And you come up with a figure.
Speaker 3Okay.
Speaker 2Fine, So let's say you come up with a figure and it's eight thousand dollars.
Speaker 3Okay, and you're going to sue him for eight.
Speaker 2Thousand dollars because he fraudulently said you broke his legs.
Okay, right now, Lift has the right to fire you on one complaint.
Lyft has the right to say one person complains, whether it's true or not, you're out the door.
Speaker 3Okay.
Speaker 2That is, Let's say I'm in a bad mood and I take Lyft and I'm not a happy guy, and I'm just really pissed off, and the Lyft driver isn't a wonderful person.
Speaker 3I put a one star just because I'm pissed off.
Okay.
Speaker 2Lift looks at that and goes WHOA, and can in fact, the policy can be you get one bad complaint you're out.
Speaker 3That's that's they have the right to do that.
Speaker 2Now you want to sue the guy for seventy five thousand, seventy five hundred dollars, Now you don't have You don't know who it's going to be.
You have to go in and you're going to have to get an order.
Speaker 3That lift.
Speaker 2Give you the drivers, it gives you the passenger's name.
So you're going to have to start with that because there's no one to sue.
Speaker 5I was told.
Speaker 7I was told that if I has to get a lawyer to pull the file on him, but nobody wants to do it.
Speaker 2Oh, no, they'll do it if you pay them.
Speaker 3Oh they'll do it, Michael.
Speaker 2If you're willing to pay six hundred bucks an hour to a lawyer, sure, I mean, no lawyer is.
Speaker 3Going to say no to money.
It's just going to end up costing you thousands.
Speaker 2Of dollars, that's all.
It's going to end up costing you a bucket of money.
You lost your job for a month.
That's the bottom line, Michael.
You know you got the wrong guy at the wrong time, at the wrong place.
You're dealing with a company that that's the way they work.
Speaker 3Uber lift.
Speaker 2They do the same thing.
That's how they operate.
And you know you got the job.
Why aren't you also working for Uber?
And a lot of people do both.
Speaker 7I had a problem with Uber too, but.
Speaker 2Okay, but you have so, you know what, I don't know what to tell you.
You have a problem with Lyft, you have a problem with Uber, and uh, it's going to cost you a bucket of money to unravel it.
And you just suck it up, you know.
I mean, there's there's not.
Speaker 3Much to do.
Speaker 2I can't tell you what to do under those circumstances.
Gina, Hi, Gina, welcome to handle on the law.
Speaker 3Arrested, Oh, Gina, can barely hear you?
What's going on there?
Speaker 4All right?
Speaker 7It's my earbed?
Speaker 3Oh okay, now I can a little louder please.
Speaker 8I was wrongfully arrested and convicted, okay, and for charges that had.
Speaker 9No merit in any event.
Speaker 8I followed the quorum nobus back.
Speaker 9In the same trial court, which got denied and years, like twenty years later.
Speaker 4Could I file a core.
Speaker 2No, No, you really can't, because there's a statutory time in which you file.
Speaker 3To overturn a conviction.
Speaker 2Now, if there's new evidence and This is usually in really serious like a death penalty cases.
But no, you can't come back twenty years You can't come back twenty years later.
Speaker 3And was it a felony or was it a misdemeanor?
Speaker 2Yeah, okay, But here's what you can do is you can make a motion to have it drop to a misdemeanor and then make a motion to have that expunged completely.
Speaker 3That's where you're gonna go and get it removed.
Not this appeals business.
Speaker 2Yeah, because I think twenty years later, no way, way past the time you could do it.
And especially since you lost, you appealed it and you lost, they're not going to come back on what's going to be the basis of your appeal since you lost first.
Speaker 6Appeal ineffective assistance a council.
Speaker 2That's the first time, that's the first appeal, that's not twenty years later.
Speaker 3Did you bring up ineffective.
Speaker 2Assistance of council at that first appeal?
No, Well you can't do it twenty years later.
It doesn't work that way.
So, as I said, go for the reduction to a misdemeanor.
And by the way, what was the felony?
Speaker 3Gina Stockey?
So I'm sorry Okay, hold on, I didn't hear that.
What was the felony sacking stocking stocking stocking?
I think, yeah, I don't think that's a serious offense.
Speaker 2I think they can well, I think that they can bring that down to a misdemeanor and then expunge, especially if you're talking it happened twenty years ago.
Once you bring it down, then you go to the court.
I've been cleaned for twenty years the only time it happened.
Speaker 3And when you're making a motion for expungement or bringing it down, you're saying, hey, it happened.
Speaker 2And while I was in the throes of whatever, I just lost my boyfriend, my dog just died.
Speaker 3I found out my mother was dying.
I mean whatever, and.
Speaker 8Oh yes, the problem is that they put it all over the internet.
Speaker 3That doesn't matter.
That doesn't matter, It doesn't matter.
Speaker 4Employers are not hiring me.
Speaker 3That's why you want to bring it down.
That's why you want to expunge it.
And then you.
Speaker 2Explain to employer this was twenty years ago, and let me tell you what actually happened.
And I had a lawyer that said, plead guilty, and I shouldn't have I mean, if you go to me if I'm hiring you, Gina, if I'm looking at you as an employee, and you're telling me this was twenty years ago, and let me tell you the story.
Bill.
You know I'm going to pay attention to that, and employers will what have you done for the last twenty years about employment?
Speaker 8By the way, it's been hard for me to find word because no of have.
Speaker 2You been Have you been employed?
You've been unemployed for twenty years.
Speaker 3No, I've worked.
Speaker 9I've worked here, here and there.
Speaker 3Okay, well you can probably work here and there.
Again.
It's it's just explaining to employers that's not easy.
I get it.
Speaker 2You know there it is on your record of felony.
But you can't come back twenty years later and say I had ineffective counsel.
Oh I forgot to put.
Speaker 3That in there.
No, doesn't work that way.
This is handle on the law.
Speaker 1You're listening to Bill handle on demand from KF I am six forty.
Speaker 2This is handle on the law, marginal legal advice, where I tell you you have absolutely no case.
Speaker 5Bobby, Hello, Bobby, mister Bill, how are you, sir?
Speaker 3Yes, sir?
What can I do for you?
Speaker 5Okay?
So last year I played in a golf tournament at a very exclusive resource.
In the course of them putting our golf bags on the golf cart, three of us had our Rolex watches stolen.
We didn't find it out, obviously, until we were finished playing.
But we also found out that same situation occurred about six months prior at this same resort.
My question is, got a situation where there were no security guards, no cameras.
Speaker 2Well, men, hold on a minute, wait, wait, you're on a golf course.
Where should they put a camera?
Speaker 5No, right around the pro shop where they loaded your bank onto the cart.
Speaker 3Okay, but how would they know that anybody stole it?
Speaker 2So assuming that, you know, I mean, you can argue, yeah, there's an argument there, I mean, criminal intervening acts.
Speaker 3There's a whole issue to that.
Speaker 2But all right, so let's say they were told about it, it happened at the same place, right, okay, and they did nothing about it.
They didn't put up any cameras, which they should have been.
All Right, I would argue, you know, that's a decent argument.
I don't know how far it's going to go.
Speaker 5But okay, just about just about every country club in and around southern California as cameras.
Okay, that's good shop.
Speaker 3Okay, that helps, that helps?
All right, You're you're.
Speaker 2Making more of a case as this conversation continues.
Speaker 3Now, you had Rolex stolen.
Speaker 2How do you prove that it was Rolex and not the time X that I have on my wrist, which cost me twenty eight dollars.
Speaker 5I just had the Rolex service.
Speaker 2No, no, no, that doesn't mean you don't known a Rolex.
I'm not arguing that, Bobby.
The question is do you did you have a Rolex on?
For example?
Is there a picture of you.
Speaker 3With the Rolex at that point or before?
Speaker 5I mean, that would help, but prior?
Speaker 2Yeah, okay, Well, here's I mean, here's the problem is a question of proof, because here's here I am on the golf course and saying, yeah, we've had a problem, and you've asked me.
Speaker 3You know, you're asking me for the value of the.
Speaker 2Rolex, And now, how do I know you even had a Rolex, even if you did have a watchtole and how do you know it's a Rolex?
Well, the three of you got together and all three of you had Rolexes.
So what stops me from golfing being the fourth person there, and I'm wearing a time X that's worth twenty eight bucks, and I say I had a Rolex.
Speaker 3Too, How do I prove it?
Speaker 2Oh?
I own a Rolex, and I have a receipt for my Rolex, but it's it's in my bedroom, next to next to me in the drawer, and I'm wearing.
Speaker 3A time X.
I mean, it's a question of proof.
Speaker 2It's not impossible, Bobby, but it's a question of proof, and it's going to be.
Speaker 3And then the other thing is even I just I.
Speaker 5Just feel it's negligence on the part of the time.
Speaker 3It probably is, but I but here's but here's the question.
Speaker 2You've got someone reaches in, maybe it's a caddy, if there's a video of someone reaching in to each individual case, So why would you put a Rolex into your golf bag and not wear it on your wrist when you go.
Speaker 5Golfing because you're not supposed to wear a watch as a result of the shock when you hit the golf ball.
Speaker 2And why would you then why would you bring a Rolex to the golf course?
Speaker 5Oh, I mean I just wear it all the time.
Speaker 2Yeah, okay, so you take it off, you put in the golf bag, all right, you know what I mean.
It's plausible, you know it's I probably do the same thing.
If I can't wear my Rolex, I want to all right, take it off, put it in golf bag, and hopefully no one steals it.
Speaker 5Okay, you think so?
Watching an attorney in Santa Barbara County that would take the case.
Speaker 3No, absolutely, not absolutely.
Speaker 2How much is a rolex worth?
How much is your how much is your rolex worth?
Speaker 5Thirty thousand?
Speaker 2Wow, thirty thousand dollars?
And you put it in a golf bag?
Speaker 3Holy moly.
Speaker 5And at no time that we leave the bag unattended.
Speaker 2Then who took it if it was if it was not unattended, and even if they had video of no one reaching in there, right.
Speaker 5No, they didn't have cameras.
So that's that's the problem.
Speaker 3I understand.
But you didn't leave it.
But you left it unattended.
You didn't leave it unattended.
You were there the whole time.
Speaker 5I would say, I never was more than I don't care the distance.
Speaker 3I don't care.
Speaker 2I don't care about the distance because there are people that can pickpocket you when you're right there.
But uh, did you see, anybody could have anybody just reached in, uh and pulled out a rolex?
And how do they know that it was in there?
And where do they go?
Where do you put a rolex in your bag?
Speaker 5There's a little pouch in the side.
It's kind of like where you put your wallet in your.
Speaker 2Okay, and it's out and it's outside, and it's outside the bag.
Speaker 5Well it's a but it's on the.
Speaker 3Outside, it's not on the inside.
Speaker 5Correct.
Speaker 3And you put a thirty thousand dollars rolex in there?
Okay?
Uh, it's you get to prove that it was a rolex that was stolen.
Speaker 2Yes, good luck and no, Yeah, an attorney will take it, but you're gonna have to pay.
But you're gonna be paying some money, right, Yeah, they're not gonna do it on contingency.
Speaker 5If I can't get an attorney.
You think I got a small claims action for ten thousands?
Speaker 3Yeah, for ten thousand dollars, right, Uh?
Speaker 2And I got to tell you based on what based on what you said, I wouldn't give it to you if I'm the if I'm the judge, right, it's.
Speaker 3Not a question.
Speaker 2They weren't negligent.
It's a question of how do you connect it?
No, I have no proof of anybody reaching in there, your honor none.
Speaker 4Uh.
Speaker 3And were you.
Speaker 2Next to the bag?
I never, It was never unattended.
So who reached in I don't know.
And all three of you three different bags, and they knew to open up.
Speaker 3I don't know.
I mean, I don't doubt by.
Speaker 2The way that your thirty thousand dollars watch was taken.
I also don't doubt that you're a complete moron for having taken a thirty thousand dollars watch into a golf tournament or a golf course and then putting it in the pouch.
Speaker 3But you know it's it's.
Speaker 2Going to cost you someoney.
It's an interesting case.
A lawyer will take it.
It's just you're going to pay for it.
Interesting case, very interesting.
Speaker 3Wow, Uh, Julie, welcome to handle on the law.
Hi, Julie, Yes, Hi.
Speaker 9So I started going to a new dentist and the first egg dam they told me that I had really bad issues, and so they sold me a product.
Do you want to know the name?
Speaker 5Does it matter?
Speaker 3No, not the name, but the product that does what.
Speaker 9So they sold me a product, a gel that I'm going to put into a trade.
They made a mold of my teeth and it would come into weeks and it would fix all my problems.
Speaker 3Well what what?
Speaker 7Wait?
Speaker 2Wait, wait, what problems, Julie?
Do you have that they can fix it?
Speaker 3That simply.
Speaker 9Exactly so, they said, because I had cavities along the gun line.
They said, Oh, all of this is caused by what's going on underneath your gun, and this gel is going to make your cheeth healthy and your gun is healthier.
Speaker 3Julie, your sounds scammy to me.
Speaker 9Well, I'll tell you what later on.
I read up about it on the Dental Association papers, and it is actually something that's amazing only when it's used only when it's used with what's called a route planning and scaling procedure.
Now, because I'm a medical, I have medical The dentist is supposed to submit requests for everything, even if they know it's going to be declined, they're required to.
So this is only good with this route planning and scaling.
Sure, and to be quoified.
For this to actually get it done, you have to have pocket depth in.
Speaker 5Your gum, of a certain depth whatever it is.
Speaker 2Okay, You're you're going you know what I you know, I don't want a dentistry lesson here?
Speaker 3What ended up happening?
What did you pay?
What did they do?
And what do you look like?
Speaker 9Five hundred dollars and I didn't even get what was needed to actually make that work.
Speaker 3You sue the dentist for five hundred dollars in small claims court?
Speaker 9And how do I assume?
What kind of court and what kind of.
Speaker 3Small claims court?
Don't look it up on the internet.
Small claims court.
Speaker 2You do it yourself, and you're going to argue that I didn't I paid the money and I got nothing in return.
And you can tell the judge everything that you just said, because I sure as hell don't understand any of it.
But look up small claims court.
That's where you're going to go with that one.
Who I love?
These medical lessons sounded like a scam to me, But I guess that's a legitimate go figure.
This is handle on the law.
This is handle on the law.
Marginal legal advice.
MEMI, Hello, Mimi, welcome.
Speaker 8Welcome to you, thank you, I'm my father.
Speaker 2Or you want to speak away way way MEI, or you want to speak are you on a speaker phone by any chands.
Speaker 8I have an ear piece.
I think it's a bad ear piece.
Speaker 3It could be all right, all right, we'll give it a shot.
We'll give it a shot.
I'll let you fly on that one.
Speaker 4I'm here.
Speaker 3Oh there you are.
So you didn't have a bad earpiece, Okay.
Speaker 8I took it off.
Well, okay, long story short.
My father was in Nevada, had a slab leak.
Never put a claimant for his insurance for over twenty five years, same insurance company.
Everything he comes out, that insurance says they don't cover slab leaks.
They'll cover water damage.
But they didn't see any visible damage.
I don't think they really looked.
They My dad caused the plumber out and they found mold underneath the kitchen cabinet, you know where the water area was waking.
And so we called the insurance back out and they said, oh, well, we don't know how long that was there for.
Speaker 2So yeah, because because it happened twenty five years ago, the slab leak.
Speaker 8No no, no, no, I said, he's had the same insurance for over twenty oh.
Speaker 2I see, okay, And then they're saying, we don't know how much mold is well.
Usually insurance companies don't cover mold at all.
That's for starters.
Mold is not something they cover.
So now you're going to Now you just have a pissing match between the two of them.
They're saying no, he says yes, And you figure out how much it's going to cost, and you sue the insurance company.
Speaker 3You go, hey, you know you have to cover this, and they're saying not.
Yeah.
Speaker 2Now, if you read the policy, you'll see mold as excluded.
Probably certainly, isn't my policy at home?
Speaker 8No, actually isn't.
Speaker 4It's concluding.
Speaker 8And the only reason I even told him that put the claim on the insurance is because I've had that same type of issue.
Speaker 3And they covered it and they and they covered the mold.
But here is.
Speaker 8I'm sorry and plus some you know, you know, they did oh love and beyond, and I feel like they've taken advantage of my father care.
Speaker 2I understand, but I'm a little confused.
So he there's slab leak.
He goes to the insurance company.
They send an adjuster out who says, we don't see any damage.
Speaker 3You have a photograph of mold, which, by the way, it depends if it's.
Speaker 2Covered, it's covered.
It's just not covered my insurance policy.
And they're saying, no, we don't cover it, even though it's covered under the insurance policy.
They're saying, there's no damage.
You prove there's damage.
You're making the claim.
You're making the claim within the appropriate time, you're making the claim timely because you have X number of months, ninety days, thirty days, whatever policy says, doing everything, and they're just saying we don't cover it, right.
Speaker 8Yes, several times, and they've hung up on me because well that's.
Speaker 2Okay, my father, Yeah, all right.
So you're dealing with the insurance company doesn't want to deal with it.
Speaker 3What's it going to cost to fix it?
Speaker 8It already cost two thousand to fix it, which was nothing, Right, that's less than what they pay for their policy.
Speaker 2Oh, it doesn't matter, it doesn't matter, It doesn't matter.
It depends on the deductible and they have to pay it, all right.
So you probably have a clause in the insurance company and the policy that says, if you have a dispute, you go to arbitration under the rules of arbitration, and that's what you do.
You go to arbitration you go ahead and file for arbitration, and depending on the policy, you split the cost.
Speaker 3You don't split the cost.
Whatever pays the cost.
Speaker 2I have no idea, and you just argue in front of the arbitrator, you know, sir, I don't think you say you're honor in front of an arbitrator.
But the insurance company says that they are not liable.
Here's the proof.
They're saying there's no damage.
Here's the proof.
It's up to them to prove that that proof is not proof.
Speaker 6But there's no damage to arbitration.
Speaker 8And how do I start that process?
Speaker 2You?
Okay, you file with the American Arbitration Association.
Speaker 3They'll tell you.
They'll tell you all about it.
Speaker 2Usually the clause says it goes under the American Arbitration Association.
You call them and they'll tell you how to file, and they'll tell you how much it costs too.
You may be thrilled to find out how much that puppy cost you exactly.
Speaker 8That's why I don't want to add any more headaches to my father.
Speaker 2Well, then just having you know, if it's a couple thousand dollars, just suck it up, you know, especially, Yeah, I mean at some point it doesn't cost you more than that just to file for arbitration.
Speaker 8Now it will say somewhere else.
Speaker 3Oh yeah, absolutely, go somewhere else.
But here's what happens.
Speaker 2Probably it says that the prevailing party pays for the arbitration fees, and if you lose, you're gonna end up paying thousands and thousands of dollars if you lose.
If it's a couple thousand dollars and your dad has that money, it's not like it's it's not as if he's going to have to eat dog food if he spends two thousand dollars.
Speaker 3Now, at what point do you simply say it's not worth it?
Speaker 2You know?
That's it's one of those situations where, yeah, legally you probably have them.
Speaker 3But okay, now what do you do, Ralph?
Speaker 2Hello, Ralph, eight to ten dollars.
Speaker 3That's a lot of money.
Speaker 2It's time to definitely talk to a trust in, a state lawyer, Ralph, because you're talking to the wrong guy.
Man, you're talking to someone asking for advice on an eight million dollar estate.
No, it's definitely time for a trust and a state lawyer who will explain everything.
But everything you talked about you can absolutely do.
You can do anything with a trust and you control it, and when you die, the trustee has to in fact follow the term the trust.
That's the law and trust and a state lawyer will set you up and you definitely need one.
Speaker 3There's no question.
Speaker 6I called your office and I never got anybody.
Speaker 3Okay, I don't think.
Yeah, I don't think we have too many trusts in estate lawyers.
So here's what you get to do.
Speaker 2I would go do a Google shirt search trust in a state lawyers, law firms and see how many lawyers, how many people specialize, how long and you go through names, how long they're practicing, all the reviews, see if there's any complaints to the state bar.
Because for that much money, you really need to do some research and getting hold of a handle on the law dot com.
I don't even know if we have trust in estate lawyers.
You may want to try again, because I'm surprised and you never got a phone call back.
You left a message, Yeah I left the message, and yeah.
Speaker 3That's weird.
Try it again because that's strange, because that's not what happens.
Speaker 2Usually things don't fall through the cracks because they're pretty good at answering those kinds of questions.
Speaker 3Okay, let me see.
Speaker 2All right, real quickly, I want to talk about pain, like he has a living pain.
If you happen to be living in chronic pain twenty four to seven.
If so, I'm going to suggest you listen to the Pain Game podcast.
This is a podcast about pain and trauma and guests have lived with, dealt with, treated those living in pain and chronic illness.
And a lot of people have lost their loved ones to chronic conditions for a whole lot of different reasons and the show speaks to that as well.
And the host, Lindsay Soprano deals with this rare pain condition called CRPS and it's debilitating chronic pain twenty four to seven, and man, she does this heroically.
So she started the Pain Game podcast to help people.
The interviews are there, it's people who have lived this, have family members, and she helps herself doing that.
And every episode ends with a message of hope and you'll understand that.
And this is a weird one, but it really does work when you listen to it.
It's about giving pain purpose.
Yep, there is a method to that, and people who live in chronic pain, I think will get so much, so much information out of this podcast.
It's the Pain Game Podcast.
The Pain Game Podcast.
You can follow on social media at the Pain Game Podcast, and you can listen to the show wherever you listen to podcasts.
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.
