San Francisco vs. Ultra Processed Foods

You're listening to kf I AM six forty, the Bill Handles show on demand on the iHeartRadio.

F tf I AM six forty.

Bill Handle here Saturday morning, last hour of the Legal Show for Richard Murrale comes aboard with the Tech Show eleven to two, and then Neil Savedra, who I work with every day. He has his own food show, the FOK Report, and that's from two to five. And the phone number here always top of the always top of the hour, and it is eight hundred five to zero one five three four, eight hundred five to zero one five three.

Four, and we do have lines open. Okay.

With that, Welcome to handle on the law. Marginal legal advice where I tell you have absolutely no case. And if you've been listening for the last little while, I'm talking about in the last couple of hours, I've joyfully told people they have no case, because that's what makes me. When you do have a case, eh, it can go all the way from eh to I'm your own No, you have nothing. So it depends on how much of a nothing case you have. Now, let's move on to

A little complicated. The other one is big pharma.

And this isn't knowing that there's dangerous, but big pharma, the major pharmaceutical companies are arguing now that high prices are good for you. Wait a minute, they're actually arguing that if the price of drugs goes down, that's bad for the consumer. You bet that's exactly what they're arguing. Wow, all right, So that was one story. The other story is kind of fun. Their Ocean Spray is investigating after a viral video showing cans of thanks Giving cranberry juice

Now.

I don't know what you say to that. You got what so you have some cans that have water. Is there any danger to anybody? Probably not. Is there a class action suit? Probably not. What if you bought a can of Ocean Spray within the last five years, you can get a coupon for fifty percent off the next can of ocean Spray. I mean that's typically with food issues, that when you have class action food issues unless people get really ill.

This is just a fun one.

And what's going to see as Ocean Spray investigating this because I think there were several of these, which makes it at a little bit more has a little more valid because two other open cans with water inside. We're sitting on the counter, and I don't know how much of that is real.

That video of.

The two other open cans has over ten million views. I mean, go figure, all right, I don't know what's going to come out of that, obviously not Cranberry's or Cranberry sauce.

All right, let's go ahead and take some.

Phone calls. Let's start with all right, Gail's been with her for a while. Hello, Gail, welcome.

Good morning, Yes, ma'am, my husband died up. My husband died a few months ago. He had a living trust I am both the come beneficiary as well as the surviving successor trustee. I've been contacting the attorney who set up the trust for him to request this certificate of trust so that I can conduct trust business with financial institutions, et cetera. I sent the request letter included a notarized proof of my identity a notarized withdrawal letter from the

Okay, yeah, all right. Now I have a question.

All right, Uh, when depends on the financial institution that wants you to have some kind of a certified trust. The only, the only certification for a trust that I'm aware of, it has to be notarized. I said, you, I have a note, you have a notarized trust, and which is I?

You know?

For example, I have a trustee, I have a trust and the trustee. I'm a trustee, my ex is a trustee, and then there's a successor trustee, and then there's another successor trustee in the event that everybody dies. And all I did was do original wet signatures on all of the trusts and notarize every one of those. And I am kind of surprised that you need a certificate what the lawyer ascertaining that these are real trusts. I don't quite understand what the lawyer's supposed to do.

I'm missing something here.

Sure, perhaps that's my explanation, and I do apologize. I don't have the original trust. Dot. Yeah, then my husband died. I don't know where anything is.

Okay, understood, understood, all right, now, I get it. Yes, so you don't have a copy of the trust, and the lawyer who does have a copy of the trust is not forwarding to you a copy of the trust.

Correct.

No, no, Bill, I have a photo copy, but not like legal No, I understand.

No, you have a photocopy of the trust.

I get that.

Okay. No, I understand that.

By the way, a copy of the trust, when there is no original trust, does have legal validity.

It can be used.

Now, financial institutions, some of them go, no, not going to do it.

It's their call. It's literally their call.

For example, if you're gonna do real estate, there's no chance in hell they're gonna let you sell or buy a piece of property with a photocopied trust. But if there is an original, and if a lawyer is holding on to the original, he has a notarized copy of the trust. Very few lawyers would not say notarize this puppy. So he's got it and he won't give it to you.

To do that?

Screw you, your honor.

I have no intention of turning over this trust to Gail. Really, so here's what I would do.

Try.

Yeah, So with my husband's death, doesn't a client attorney relationship end because I was not his client my husband.

No, it doesn't matter. You are No, you are the trustee. You are the trustee. He has to the relationship ends. I mean, he's not your attorney, but he has a turnover the documents to you.

That he has to do.

And if he refuses to, there's an abandonment issue. And you say I'm going to court, You.

Go to court. And I guarantee you that if it's going to.

Take a court order. Now you're gonna have to pay upfront to a lawyer to do this. I'm hoping you have the money, You'll get the money back, you'll get sanctions on top of that. No judge is not going to nail a lawyer who wrote a trust who refuses to give the trustee and the beneficiary a copy of the trust.

So try that.

Yeah, yeah, trust you. Here are the rules, right a trust. You have to be notarized. Now you have a trust. Now there are a couple of other rules that to signatures and dates, et cetera.

But that's all you really need.

So this certificate is well, the lawyers they don't create certificates of some kind. They just produce original documents. This is handle on the law.

Yeah, fine, handle here. On Saturday morning, it's the last hour.

On top of the hour, it's it's rich the Murrow with a text show Neil Savedra is two to five this afternoon with the Fork Report his food show, and the phone number here is eight hundred five to zero one five to three four eight hundred five two zero one five three four.

Uh Frank, Hello, Frank, welcome.

Yeah, Hello.

Yeah.

So my question is I was working for a guy and uh to trainer to go to the dump and my transmission went capoop, and so I'm wondering if he's liable to fix that.

Well, let me ask you, Yeah, did he do anything wrong that you know of?

No?

Okay, and his job no, I understand, I understand. You let him use you let him use it. His defense is it was gonna break down anyway. How old is the vehicle, Frank?

It's old?

Is the two thousand and two?

Okay? So there he is.

He's borrowing your your truck to go to the vehicle where he says, I want the truck. And why would he be responsible unless he crashed into something and cause damage. So you're gonna you're arguing this. I have a car that's twenty two years old. He drives it. He's done nothing wrong, He's just driving down the road and the transmission.

Goes, Yeah, yeah, he did by the truck as well. Well, I mean that doesn't matter.

I mean, other if you argue that he gave you a truck with a defective transmission, but then that's hard to prove because how do you know. So now, just because he's driving, it doesn't mean that there's liability. Now if he got into if he got into a car accident or an accident with the truck and you're the registered owner, yeah, there's liability on your part, and he is also liable because he's the one that caused the accident.

Lance. Hello Lance, Hello Bill, Yes, sir, what I do.

Is, oh, thank you. My question is can a local municipality override California law when it comes to privileges on a placarding handicapped permit?

Nope, absolutely not. State law came.

Up, Go ahead, it came up a couple of years ago.

Yeah, but state law supersedes city laws. That's all straight there.

Yes, and that's exactly that's what I thought. The City of West Hollywood is posting signs. This came up about three years ago. That handicap vehicles displaying a handicap handicap placard must be in a handicap zone. If not, they must pay posted parking meter rates.

Okay, if the lass, well, I've got news for you. I think the law does say if you're not parking in a handicap zone.

Maybe I'm wrong on this.

Then you're talking about city Are you talking about city parking lots, the.

Streets, et cetera, the regular park Yeah, okay, you just fight it, that's all. That's it.

You just fight it and you go. California law supersedes.

That's it.

The city can do whatever the hell it wants. No, absolutely not. The judges have to give it to California law. California the state, because the state supersedes the city or the county. The Feds supersede the states. Right there, that's constitutional. Daniella, Hello, Danielle, welcome, Hi, thank.

You for gving my call. Sure, a couple questions here.

I lived in my home for twelve years. The owner told me they needed the unit to move family and file the no fault evictions. After that, they started serving you with these three day notices to perform or quit, claiming that I have not paid my rent. They removed my usual payment and refused every attempt made to pay, including emails calls.

And did you attempt to pay within the three days?

Yes, they have to take the rent, and their ability to kick you out for whatever reason disappears. Especially see they chose to give you a three day notice to pay rent or quit, and within that three days you pay the rent or you attempted to pay the rent. That stops everything. That just stops everything, because they're morons. If it's a question of asking you to leave based on, for example, a family member coming into the piece of property.

This is rent control.

Is pretty weird stuff, but anyway, rent control certain rent control areas. I'm assuming is this the city of Los Angeles or Santa Monica?

Which city or you and.

Danielle the Los Angeles area.

Okay, so you're in Los Angeles, which is rent controlled, and the law is real simple where if you own a piece of property and it's rent controlled, you can't throw someone out arbitrarily. However, if you have a family member that's coming in, yes you can force the tenant out. However, you have to give notice. You have to give sixty

They now serve me an unlawful detainer.

And you defend it.

You say no, you have five days to say, no, thank you, you're not And here's your defense. You paid or attempted to pay within the three days, and here's the proof.

Okay, So what are they going.

To I mean, what are they gonna say? What are they gonna say, you didn't attempt it. Here are the emails, here the attempt or copies of the checks. What are they going to say? None of that exists.

Yeah they're true. Yeah, they're screwed.

They're screwed, and they're and they're idiots on top of that, I mean, they are morons beyond morons. Uh So you're fine, no, no problem. They're not kicking you at any time.

Soon.

All right, let's sew.

We talk about car accidents all the time and getting lawyers. And how often do I tell people you need a lawyer, you need a real estate lawyer.

You can't do this on your own.

You need a medical map practice sarney, you can't do this on your own. Sometimes I tell you you can do this on your own, and you do not need a lawyer. Well, in the case of personal injury, where you are injured and it's not your fault, you bet you need a lawyer.

And why is that?

Because you're going against the driver or the owner of the store, let's say a big box store, and you're going against their insurance company. And if you've ever gone against an insurance company, that's not a joke. These adjusters, these experts are well they are they're experts at not paying you.

They're real good at not paying you. You're out of your league.

If you do this one on your own, which is why I'm suggesting you go to handle on the law dot com vetted attorneys. This is what they do if there is a problem with the lawyer. I make the phone call and I start screaming, you pay nothing out

You're listening to Bill Handle on demand from kf I Am six forty.

Five AM, six forty Bill. Handle here. It is a Saturday morning.

Yeah.

Now we've gone through these phone calls pretty quickly view in case you haven't noticed. So lines are certainly open if you want to call in. Eight hundred five to zero one five three four. Eight hundred five to zero one five three four. That is the number to call.

Welcome back.

It's Handle on the Law, Marginal Legal ad Vice.

Bill. He's a name to remember. Hello Bill, Good.

Morning Bill, great name, by the way. Yeah, absolutely son.

My son was out for a walk with his new girlfriend. The old girlfriend showed up, assaulted him broke his tooth. He immediately went down to the share station following the saut report, But at the same time, the old girlfriend shot down to the courthouse and filed it was a trom. In the meantime, I'm sorry, go ahead, I'm listening, okay.

And in the meantime, he's been trying to get on with law enforcement.

He tried with a local PD here in the South Bay. They went all the way to the interview with him to the chief. The chief said, we want to hire you, but we got this thing hanging over your head.

Okay, wait, wait, wait, wait, wait, wait, hold on, he's trying to be a cop, right.

He's trying to be a cop.

Yes, okay, And so the police department is saying, because you have this hanging over you a temporary restraining order, and is that the only thing that is involved here?

Just a tro Well, let's we can back up a little bit. He never got served. We found out about the tro to a solicitation in the mail, so we kept watching the case on the website. So finally we got our lawyer. She kept asking for extensions for three or four different times.

We finally went in.

Okay, you're lawyer. Hold on, your lawyer kept not asking for extensions.

No, the girl that filed the restraining order to keep extending it out, okay, understood, So we so we blindsided her one day. We showed it at the hearing and we got the thing dismissed with prejudice.

She dropped charges. But now this thing is still hanging over his head and.

He's so he recently filed for CHP and they kicked it back saying, sorry, this thing's hanging over your head. You know, come back, you know, in a couple of years. So I'm wondering, is there something we can file something with the court to get this thing sealed?

No, I don't think so public you know, No, I don't think so. I don't think so.

I mean, you're gonna try and see if the judge is going to handle it. But they're still going to ask the question just because it's sealed, and they asked the question along those lines. You can't lie and say it doesn't exist. There just isn't a public.

Record of it. Now.

What I find interesting is once it is dismissed, here you do you have an altercation with a former girlfriend in this case who said you did a B, C and D and got a TRO that you got dismissed. And there is nothing there other than a dismissal. How can they say you have this hanging over your over your head. You're gonna be hanging It's gonna be hanging over your head forever, your TRO and your TRO was dismissed. If you go into a police department ten years from now,

See, it doesn't make any sense.

Yeah, well the other thing is we've disclosed it. When he has to do his background check, of course, then they go and they interview her and then she completely bad mouths him.

I understand, but it was dismissed.

Of course she's gonna bad mouth him. And it was an altercation. It was a girlfriend scorned. I mean, you've got a couple of whimps for police departments that are saying, any complaint, obviously, any complaint you have, we're gonna hold up hiring someone. It doesn't matter if it's valid, It doesn't matter if it's invalid. In this case, it was invalid.

It was.

And then the question becomes, why would they interview someone that got a tro against you, that was dismissed with prejudice, and they're gonna go to her. They're gonna basically, well, your son, according to her, it probably killed children, wiped out kindergarten classes with act with an axe.

Now when she says disparaging things, he's racist, he's this, he's that.

And yeah, no, I understand. I mean, is it gonna be sealed? No, But you can also sue her for defamation. Not that that matters because she has no money. You can do a cease and desist's. I don't know where to go with that.

I don't.

Because even sealing it, they're still going to add they're still going to talk to her, right, as a matter of fact, that you don't want you don't want to want, you don't want it sealed.

You want it on the record that it was dismissed.

Right.

Yeah.

So I don't understand that.

I do not understand the police departments saying nope, we're not going to hire you because this woman is complaining about you.

Yeah, for sure, Marietta. Hello Marietta, Hi.

Bill, I appreciate you taking my call. I have a landlord tenant issue. I'm really in a pickle. I received the partial deposit refund check from my landlord and she withdrew. I'm taking him to court because he got double paid for December. Okay, I drew it from my deposit, all right. So what I'm trying to find out is should I cash that check in the meantime?

Uh?

Yeah, this is a refund of your deposit, correct of the So yeah, that's a security deposit issue.

Is very different than the rent issue.

But you only got a part and you only got a partial refund on the.

On the security deposit.

Correct, correct.

And I have writ that he would refund me the whole amount.

Okay, got it? I would go ahead.

I would go ahead and cash that part and you assume him for the rest.

Oh okay, I'll think some reason I thought I couldn't.

No, I don't think so.

Yeah, you can't argue that he's going to say you accepted that and you let him know. I'm here's what I do. What I would do is you say, I am cashing this check and it is not in uh full, you have any release as to the rest of it, so there's no issue. He can't argue, Well, you accept to the check, therefore that means you have released me from any further liability.

Absolutely not. You let them know.

Hey, no, I'm not releasing you. You still owe me the money, but I'll take what you've given me and I'll just sue you for the rest. I think you're gonna I think you're gonna be okay, and you certainly sue for the double rent. Oh, absolutely on that one. Not a problem, not an issue either. I think we can take one more before we bail out of here and take the next break.

Gloria, Hi, Gloria, Hi.

Yes, let me put you up all off the speaker.

That would be good.

Yes, you gotta speak a little louder, and you don't want to go on speaker. You want to go the other way, Gloria, take you take go off speaker and use the phone without the speaker.

Okay, okay, thank you, there you go.

Could you hear me now?

I can now?

Okay, Sorry, I have.

My granddaughter on my life insurance. It's not that much, but.

Okay, you know what, Gloria, I don't know who's asking that question in the background, but I have to talk to someone who actually is asking the question.

I'm sorry.

I have to you.

Every time I ask you a question, I hear someone in the background telling you either the what question you're asking?

Do you have nobody here?

Nobody?

Okay, I'm hearing something going on. All right, then I'm going deaf. I'm going deaf.

All right, you know what, I'm going to turn off the radio.

That would be helpful, Yeah, because you're hearing in delay.

Yeah, I'm sorry, that's okay, don't worry about it, all right? All right, so you have a life insurance policy. Hey, fie, I am six forty will handle here Saturday morning. This is our last segment.

However, I will continue taking the phone calls off the air as rich tomorrow comes in and I will be doing it pretty quickly because as you can expect, or I'll tell you that there are no breaks at all. We zip right through and between, no breaks and no patients usually on my part.

What do you have?

You have a lot of phone calls going through and the number is eight hundred five to zero one five three four eight hundred five two zero one five three four That is the number two.

Call a miya hi mia.

Oh hi, I'm so excited. Okay, I got into a car accident. It was like six years ago. My long story short here. Then the insurance was going to settle with me, but the guy that was helping me turned out to be an insurance adgester. He said, no, don't take the five thousand, wait and I'll get you fifty thousand. Well, a couple of later, two detectives show up with my door and want to know how I know this this guy did? He claim to be an attorney and I

Way too late, way way too late. Should have gone to another lawyer instantly. As soon as the police showed up. It looks like you had a decent case. And unfortunately, oh yeah everything Now you're past the statute. Yeah, there's no place to go. That's always fun when you have a good case. And I've talked to people who have great cases for big money. I happened five years ago, Bill statues, four years I happened four years ago, Bill statues three years And what do you do, llo, John?

Welcome, you're up?

Yeah, hi Bill. I bought a car from a company in Texas for twenty five thousand dollars. They sent the car out.

Everybody was fine.

I mean I registered, I have been paying the fees on the new license every year. And then now I got a call from the Department of Motor Vehicles for me to take the car into Highway Patrol, the highway Patrol because they said there was something wrong with the VN. Well, the Highway Patrol says that the car had been stolen, and so they're holding onto the car and I don't know where I'll ever get the car back.

Oh, you'll get it back.

You'll get it back unfortunately, or you won't because if it was stolen, they can't find whoever it is. At some point you'll get it back, won't. Well, well I disagree. I think you will, but that's my take on it. But either way, yeah, it's gonna take a while. Either way, it's gonna take a while. And I hope I'm right too, although you probably have better information than I do. So what can I do?

Jeffrey, Hi, Jeffrey welcome, Yes.

I welcome. My question is to you today. Can I have a trust because I have real estate? Can somebody sue a trust?

Well?

Yeah, because the trust is a revocable trust, is really you that that's only for disbursement of property. So let's say I have a trust, Well, it's really my money. It's not a separate entity. Now, A a non revocable trust you have nothing to do with you know, Then you're fine because you no longer own anything but a revocable trust.

It's all yours. By the way, why wouldn't you have insurance that takes care of all of that?

The insurance only takes let's say the insurance pays out one hundred thousand or whatever, and it goes over the amount.

Yeah, that's pretty rare.

When it goes over the amount, you've got to have some pretty serious assets. And from one hundred thousand, so you got one hundred three hundred thousand, one hundred thousand per per episode or per incident, and then you can go up to three hundred thousand with multiple plaintiffs. Would I, if you've got serious assets, what I would do is yank it up to two fifty five hundred. It isn't that much more money. That's how you protect yourself. I mean, the last thing you want to do is deal with

Now you've got a problem. Just get well.

Let me ask you this. How rich are you are? You just asking hypothetically, Yeah, I.

Have you know, a duplex that's worth you know, some money and so on. But so you're saying always because I've been lowering my library.

Yeah, and that's you don't want to lower you want to raise it.

So in terms of how rich are you If you put all your assets together the home, which is uh, you know, and that's kind of out of the way. But if you put stocks, bonds, money, property, what kind of money do you have?

Maybe about two to two and a half million.

Okay, I would get some more insurance, okay, and on top of that, I'd get and on top of that an umbrella policy, which is very cheap. And what umbrella policies do is you take the top tier of the insurance. So let's say you have two fifty let's say you have one hundred three hundred, Well, you buy an insurance policy that starts at three hundred and goes up to a million. So now you have a million dollars of insurance, but the first hundred thousand is covered by your own

It's hard not.

To be over insured, and certainly in my opinion, Okay, we're done. Before we leave, I want to tell you about Zelman's minty mouth.

You know, bad breath is an absolute killer.

I mean, you know, try to go to someone you have bad breath and they start reeling and you know something's wrong, and so what do you do? You take a mint? Okay, and we're for an hour less or more, and then what happens, Well, you still have bad breath.

Also has spearmint.

By the way, they just introduce a spearmint flavor and then you either bite into them or you swallow them and they go to work in your gut. And now you've got a double hit and no mint out there?

Does that?

Go to Zelmons dot com. Zelmans dot com. Also, I am wrapping it up. For those of you that are on the phone, stay put. I will get to you off the air. Also, I'll be doing that for about half an hour forty minutes, give or take. And so if you want to call in and you happen to be listening and you want to come in with a question, you can dial it and I will answer it because, as I said earlier, there are no interruptions.

There are no news, no weather, no traffic, no.

Commercials, just me and you and no patience either. And the number is eight hundred five two zero one five three four eight hundred five two zero one five three four. This is Handle on the Law.

You're listening to Bill Handle on demand from KFI AM six forty