Speaker 1: Yea ripped up.
Speaker 2: News.
Speaker 3: Didn't need advice.
Speaker 4: You don't help.
Speaker 5: Come running just.
Speaker 1: As fast as we can.
Speaker 6: Shooter's gonna help come, man, this is the Troubleshooter Show.
Speaker 6: No Tom Martine, Welcome, Welcome, my friends to the only
Speaker 6: show of It's gotten.
Speaker 7: We're here to solve problems, answer questions, take complaints. You
Speaker 7: know the drill you've been ripped off or taking advantage of.
Speaker 7: But I must digress. I'm gonna tell everybody a little story.
Speaker 1: There's people out there that hate my stories.
Speaker 7: I'm gonna tell you the worst story I've had to
Speaker 7: deal with in a very long time. It's been a
Speaker 7: hard year, folks. There's probably a lot of people out
Speaker 7: here that has listened to this show for upwards of
Speaker 7: forty five years. Here in Denver, Colorado. Tom started this show,
Speaker 7: in fact, the only show I know of in the
Speaker 7: country ever where you literally go after the bad guys.
Speaker 7: And I love doing it with him. Susanna and I
Speaker 7: got a call January third, this little hard on me, folks.
Speaker 7: I'm going to preference it with something though, And I
Speaker 7: think I need to do this because I'm not trying
Speaker 7: to build some kind of I'm not trying to do
Speaker 7: something here that it's not so here's the bottom line
Speaker 7: on this. The outcome, Well, you'll hear the outcome. January third,
Speaker 7: I get a call from Martino, Tom and Stephanie are
Speaker 7: flying back from Hawaii. They get back. Tom calls he's
Speaker 7: at the hospital. We were all prepared to go in
Speaker 7: on the six, that would be the Monday after New
Speaker 7: Year's and all do the show together like we do
Speaker 7: every year. We always take two or three weeks off
Speaker 7: at the end of the year. That's how we do it.
Speaker 7: We get a call from him, absolutely terrifying. He's got
Speaker 7: paint tree attic cancer.
Speaker 1: How does he know? When they were in Hawaii.
Speaker 7: The tumor and his pancreas pushed up against his liver
Speaker 7: and cut off bile. He was in jarundice. He was yellow,
Speaker 7: His eyes were yellow. He was terrified. His wife was terrified.
Speaker 7: They went directly to the hospital. They knew nothing about
Speaker 7: the cancer at that point, but what they did know.
Speaker 7: What they did know is Tom was yellow. Literally, his
Speaker 7: liver was in failure. They got there, they did the
Speaker 7: imaging and they figured out what was going on. That
Speaker 7: tumor blocked the bile ducts and his liver was shutting down.
Speaker 7: They had to go in and put in a stint
Speaker 7: to open it back up. This is when we got
Speaker 7: the call. Absolutely terrifying. Have known Tommy forever in a day,
Speaker 7: almost thirty years. I consider him one of the best
Speaker 7: friends I've ever had, and a father and a brother,
Speaker 7: And Suzanne can say the exact same thing. It was
Speaker 7: the most terrifying news we've ever heard that day. This
Speaker 7: is around the third still they had to go in
Speaker 7: in put the stint. Tommy headed home, he called us,
Speaker 7: and all of a sudden he was back in the
Speaker 7: emergency room. This stint created pancreatice pancreatitis, that's right, Mark,
Speaker 7: absolutely the most painful thing you can imagine. So not
Speaker 7: only did he learn this horrible news, but now he's
Speaker 7: back in the er for two or three days. So
Speaker 7: I started having to do the show solo constantly. In fact,
Speaker 7: you've been listening for the last four months. That's exactly
Speaker 7: been what's going on. I have probably done it more
Speaker 7: than tom and that is why he's been fighting cancer
Speaker 7: and all the things that come along with In fact,
Speaker 7: he said something to him when he was in.
Speaker 1: The hospital with sepsis. You know, they got rid of
Speaker 1: the sepsis. That was a call that was absolutely unbelievable.
Speaker 1: We were on air together probably about two.
Speaker 7: And a half months ago. I was in studio. He
Speaker 7: was at home and he disappeared. He had a text
Speaker 7: from the hospital that said, drop everything you're doing. Your
Speaker 7: blood results came back. You have sepsis and you need
Speaker 7: to get to the er.
Speaker 1: Now.
Speaker 7: I got that text on air, the most terrifying text
Speaker 7: I got from him, and I started getting used to
Speaker 7: these texts. He showed up at the hospital. They knocked
Speaker 7: him out and they pumped him through with antibiotics, and
Speaker 7: for the love of God and thank god, he was okay.
Speaker 7: They took care of that.
Speaker 1: And you know what Tom said to Susanna and I.
Speaker 7: He said, now that that's gone, I can get back
Speaker 7: to fighting cancer. Think about that. Think of everything he
Speaker 7: is gone through. And I'm not going to sit here
Speaker 7: and tell you every single thing like that, but to sepsis,
Speaker 7: two bouts a pancreatitis, both times in the hospital for
Speaker 7: multiple days, five rounds of chemo every two weeks. When
Speaker 7: you heard him on the area, we heard people, Oh,
Speaker 7: what's he sniffling for? What's he doing this? What's he's
Speaker 7: doing that? He doesn't sound like himself. You know what
Speaker 7: he was in himself. He was going through chemo like
Speaker 7: a lot of people go through. And unlike a lot
Speaker 7: of people, I'll say this, Tom lives and dies for
Speaker 7: this show.
Speaker 1: This is his life. This is what he loves.
Speaker 7: When he is not on talking to you folks, he
Speaker 7: is just not happy. Other people like traveling, other people
Speaker 7: like doing a lot of things.
Speaker 1: Tom loves this. This is Tom. You understand that. I
Speaker 1: love working with Tom.
Speaker 7: He had what was referred to as the Whipple surgery yesterday.
Speaker 7: The Whipple surgery, if you go and if you ever
Speaker 7: hear of someone needing it and you google it, it'll
Speaker 7: scare the hell out of you. It's basically a three
Speaker 7: percent chance of living if you have the whipple after
Speaker 7: five years. It is probably the most invasive surgery. You
Speaker 7: can imagine a lot of people could no longer produce
Speaker 7: insulin after it because you're taking part of your pancreas.
Speaker 7: They also take out your gallbladder, They take out a
Speaker 7: section of your stomach, depending on how big the tumorous
Speaker 7: they're going after. It is the most invasive surgery out there.
Speaker 7: Tom went through it yesterday eight hours. Eight hours. We
Speaker 7: got a call this morning from Tom. Thank god. The
Speaker 7: surgeon came in and told them they eradicated to cancer
Speaker 7: and the cancer is now out of his body. Is
Speaker 7: that three percent? There is no more cancer in Tom.
Speaker 7: The surgeon couldn't believe how well it went. The cancer
Speaker 7: did not spread anywhere. They got every bit of it
Speaker 7: out of his body.
Speaker 1: He's going to be in the ICU for about two days.
Speaker 1: That's very normal with this surgery. It's so invasive they
Speaker 1: don't move you from there. Then he'll be in the
Speaker 1: hospital recooping for probably a week or two. Then after
Speaker 1: that he'll head home where his sisters, God bless their souls,
Speaker 1: are going to help him recoup throughout the month of May.
Speaker 1: Then he's pretty much back on it. It was an
Speaker 1: incredible four and a half months, and I appreciate all
Speaker 1: the listeners out there asking all the questions, wondering about
Speaker 1: what's going on. And you can imagine for numerous reasons,
Speaker 1: Tom didn't want to get into it.
Speaker 7: When I talked to him this morning, he was ready,
Speaker 7: he feels good, sound great, Didney, Susanne?
Speaker 1: You really did? He said, he felt really light, like
Speaker 1: a weight just was off of him.
Speaker 7: Now the epidural. You can call it a miracle, you
Speaker 7: can call it whatever. What's really crazy, I'll go back
Speaker 7: to that beginning, is if that tumor did not hit
Speaker 7: his liver and cut off those bile ducks. Most people
Speaker 7: when they find out they have pancreatic cancer, that tumor's
Speaker 7: in the middle or at the other end. It never
Speaker 7: cuts off the bile ducks. And what happens is the
Speaker 7: first time you end up at the doctor because something
Speaker 7: doesn't feel right, you're already stage four and it's everywhere
Speaker 7: in your entire body. He got so lucky. Called it
Speaker 7: a miracle.
Speaker 1: Intervention, the fine.
Speaker 7: Intervention, call it whatever you want to call it. It
Speaker 7: is absolutely the most wonderful news we got. And I
Speaker 7: didn't I did not do this to build up to
Speaker 7: anything else. I didn't know how I was going to
Speaker 7: tell this story for the first time in a while.
Speaker 1: Susanne and I were in tears this morning of joy.
Speaker 8: Yep.
Speaker 7: The other day you came back from a run in
Speaker 7: skin the hell out of me. She was just crying
Speaker 7: about him going into surgery the next day. It was
Speaker 7: so bad, I thought maybe one of our kids was
Speaker 7: in an accident. You just had a breakdown.
Speaker 1: Oh yeah, you know what, Mark Tommy is our Superman. Yeah. Yes,
Speaker 1: And he's got a lot of prayer warriors out there
Speaker 1: who've been praying for him, and he's just a superman.
Speaker 1: What else can you say?
Speaker 7: And thank you, Frank Durant for all the prayers, and
Speaker 7: one last thing I'm going to say, and that we're
Speaker 7: going to take a break and come back and do
Speaker 7: this show. I was here on a Friday when he
Speaker 7: texted me that about sepsis. If you look up sepsis, man,
Speaker 7: I don't think there's a worse infection. Basically, your body
Speaker 7: starts fighting itself, it thinks it's in a really bad shape,
Speaker 7: and basically starts turning on you and starts to eat
Speaker 7: you alive. And I was on for about fifteen minutes
Speaker 7: when he disappeared on that I ended up leaving after
Speaker 7: the show, of course. And it was on a Friday,
Speaker 7: A remember where Jeff was here and I remember Kevin,
Speaker 7: and I was so on autopilot because I was so
Speaker 7: terrified for my friend.
Speaker 1: I don't even remember doing the show that day. I
Speaker 1: watched the show over the weekend and I was just amazed.
Speaker 7: I couldn't remember one call and I ended up Where
Speaker 7: did I drive to Susan?
Speaker 3: All right?
Speaker 1: To urgent Karen Kaiser. I left here.
Speaker 7: Thought I was having a freaking heart attack. I am
Speaker 7: not kidding, and I basically had an anxiety breakdown, stress
Speaker 7: beyond anything. And I am so happy for Tom.
Speaker 1: Now.
Speaker 7: I just want everybody out there to understand. We just
Speaker 7: haven't talked about it. I know he has alluded to
Speaker 7: it to some of our friends on Facebook or I'm
Speaker 7: sorry on YouTube, and I am just so happy this
Speaker 7: part of this year and this part of our lives
Speaker 7: it's over.
Speaker 1: Thank God, it is over. And he still has a
Speaker 1: little fighting to do much but the worst is behind us.
Speaker 1: Oh my god.
Speaker 9: Now it's I feel it's going to be smooth sailing
Speaker 9: for him.
Speaker 7: You know, the surgeon, the surgeon saying, listen to this.
Speaker 7: Four doctors, I think, two anesthesiologists, two doctors, the guy
Speaker 7: that's done the Whipple surgery one hundred times a year,
Speaker 7: probably one of the best doctors out there. I'm sure
Speaker 7: we're gonna hear a lot about this guy in the
Speaker 7: future from Tom, and it's great. Hopefully we'll get Tom
Speaker 7: on here and then throughout me. But I want everybody
Speaker 7: to know he is going to be back. We're gonna
Speaker 7: be back to normal doing the show together, and I
Speaker 7: can't say any more. That's it. That's it. I'm gonna
Speaker 7: kind of put that to bed. I've been wanting to
Speaker 7: tell people, and I'm glad we finally got to do it. Channis,
Speaker 7: hold on three oh three, seven to one three talk.
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Speaker 1: All right both three oh three seven one three eight
Speaker 1: two five five. If you joined us late, Uh, go
Speaker 1: back and listen to the beginning of the show and
Speaker 1: you'll find out what's going on with Tom.
Speaker 7: Simple as that. But here's the deal. Uh, we're back
Speaker 7: to the show now. You've been ripped off for taking
Speaker 7: advantage of my goodness. We want to hear from you
Speaker 7: three oh three seven one three eight.
Speaker 1: Two five five. Our goal is to help you.
Speaker 7: We have recovered over three hundred million dollars in cash, merchandise, exchanges,
Speaker 7: refund services. By the way, in studio with us today,
Speaker 7: I got Deputy d Deputy Bo, Deputy Scott. We've got
Speaker 7: every deputy but Deputy Doc. He'll be in tomorrow. We've
Speaker 7: got Suzanne sitting next to me. We have got Shannon
Speaker 7: as always, and then of course Kelly answering your phones,
Speaker 7: and a friend of.
Speaker 1: Mine, a a brother from another mother another. You grew
Speaker 1: up in New York, right.
Speaker 2: I grew up in Pennsylvania where in oh, that's right,
Speaker 2: Pittsburgh Projects.
Speaker 7: It was like New York. It might as well have
Speaker 7: been New York. Yeah, he grew up East Coast. Marco Bendnelli,
Speaker 7: Attorney Extraordinarre. How's it going, Marco?
Speaker 1: It's going well. Yeah.
Speaker 2: I was really kind of shaken and I had a
Speaker 2: rush of emotion listening to that story.
Speaker 1: Yeah. It was crazy, Tom.
Speaker 11: Yeah.
Speaker 1: And when you hear a pancreatic cancer, I mean, don't
Speaker 1: google it. No, anybody that googles it sentence, right.
Speaker 7: And that's kind of one of the reasons I said
Speaker 7: we weren't going to talk about it. But honestly, that's
Speaker 7: one of the reasons. People go, oh, what are the
Speaker 7: chances that's going to be the three percent? But Tom
Speaker 7: is that three percent? Which is crazy amazing because the
Speaker 7: second he told me that's what you do, you google it,
Speaker 7: don't do it. Don't ever google things you don't want
Speaker 7: to know about. Let's put it that way. Hey, Janie,
Speaker 7: what is going on?
Speaker 1: What is this detox facility issue?
Speaker 12: I was at.
Speaker 5: A Northern detoc center in Greeley.
Speaker 1: Yeah.
Speaker 5: It was the worst place I had ever been to.
Speaker 5: I mean, they didn't take care of you. It was filthy.
Speaker 5: I mean the pubic cares everywhere.
Speaker 1: Oh my god, rap.
Speaker 5: Yeah, and it was like more of a health issue
Speaker 5: than anything. They didn't even help me. I ended up
Speaker 5: walking out like a half an hour after I've been
Speaker 5: in there.
Speaker 7: What were you put in for? Did the police put
Speaker 7: you in? Did you check yourself in?
Speaker 5: I checked myself in?
Speaker 1: And what what is your poison? I'm sorry, I'm an alcoholic, Okay,
Speaker 1: So what.
Speaker 7: What brought you in there? Were you feeling suicidal? I'm
Speaker 7: just curious. I want to kind of understand your plight here.
Speaker 5: No, I have a bad liver, okay, So I wanted
Speaker 5: to get in there and take care of it because
Speaker 5: I am right now, I'm like in a safehouse.
Speaker 1: How long did you stay there at this Northern Detox
Speaker 1: center in Greeley?
Speaker 5: I was there maybe thirty minutes.
Speaker 1: Is it called north Point?
Speaker 8: Terrible?
Speaker 1: Is it called north Point?
Speaker 5: It was North Health.
Speaker 7: If someone can find it, i'd appreciate. I can't find
Speaker 7: anything called that. Why were you there only thirty minutes?
Speaker 5: Because the way they were treating me? And there was
Speaker 5: trash everywhere and I'm sorry that there is a tampon
Speaker 5: and definitely around And what would you say that?
Speaker 1: Though, I need to understand this.
Speaker 7: You walk into a facility like that, I would assume
Speaker 7: there's there's probably a desk, and then there's probably an
Speaker 7: area you got to go through a locked door. So
Speaker 7: where are you referring to? Are you referring to? The
Speaker 7: bathroom was a mess? The front area, the waiting room.
Speaker 5: What everything?
Speaker 1: Everything?
Speaker 5: Everything?
Speaker 7: And you don't think this could have been because of
Speaker 7: how you were that day.
Speaker 5: No, I wasn't even drunk. I didn't want to drink
Speaker 5: so that's why I just went in there to hopefully
Speaker 5: because they told me that they would help me with
Speaker 5: some medication and stuff. When I got in there.
Speaker 1: Yeah, did they give you any medication?
Speaker 5: They didn't give me nothing. They told me that all
Speaker 5: they were going to do is give me snaps and
Speaker 5: a cigarette break every two hours.
Speaker 7: Okay, And you didn't like that, so you left? And
Speaker 7: what were you expecting? Some kind of drugs? What drugs
Speaker 7: were you expecting?
Speaker 5: No, just a little counseling of what they said it
Speaker 5: was going to be.
Speaker 7: You know, like what though, I'm curious what you expected
Speaker 7: when you walked in there. For example, did you want
Speaker 7: to get on antibuse so you quit drinking?
Speaker 5: Yeah, that was what they were supposed to be doing.
Speaker 7: What's going to put you on antibuse? Why wouldn't they
Speaker 7: put you on that?
Speaker 5: I have no idea. And the people around there were
Speaker 5: just like like zombitized, you know, and it was just
Speaker 5: it was it was the worst experience ever.
Speaker 1: What's mad?
Speaker 7: You were there for a half hour and then you left.
Speaker 7: Now you said you're like in a halfway house or somewhere.
Speaker 7: I'm sorry, I forget exactly what you referred to it
Speaker 7: as a safe house, a safe house. What are you
Speaker 7: calling now?
Speaker 1: Wait? Why are you in a safe house?
Speaker 5: My ex? Okay, very abusive. So I ran from him,
Speaker 5: and plus I had to get away from drinking because
Speaker 5: he was bringing me booth every day. Oh yeah, I
Speaker 5: tore my liver up. So I wanted help.
Speaker 1: So that what's the last drink you've taken?
Speaker 5: The last drink I've taken was the day before yesterday,
Speaker 5: Sunday one?
Speaker 1: Did this go down at this detox facility?
Speaker 5: Yesterday?
Speaker 1: Okay?
Speaker 7: Well, I mean good for you two days, they say,
Speaker 7: you know, one day at a time. What were you
Speaker 7: hoping to get out of this phone call?
Speaker 1: Though?
Speaker 8: Oh?
Speaker 5: I just wanted everybody to know that that detox place
Speaker 5: is not even a detox. I mean it's I should
Speaker 5: be closed down. I mean the staff was horrible. Now,
Speaker 5: it was just the whole place it needed to be cleaned,
Speaker 5: and I mean the staff was really rude.
Speaker 1: Wow, I don't know, uh, fun people.
Speaker 5: And I'm not the only one that walcked out.
Speaker 1: So I can't even imagine this bliss. She paints a
Speaker 1: picture of a hell hole. I have a suggestion for jams.
Speaker 5: That's what it was. That's what it was. And I thought, oh,
Speaker 5: I'm going to go in here and get some rest,
Speaker 5: you know, and then get some some medication to come
Speaker 5: back to the stable.
Speaker 1: Hey, Fannis, have you been on and abuse before?
Speaker 13: No?
Speaker 5: I have not.
Speaker 7: It is we had a neighbor's passed away. Actually his
Speaker 7: name was Archie, and he was on antibuse for a while.
Speaker 7: This guy is what I refer to. I don't know
Speaker 7: how you treat alcohol, but he was what i'd refer
Speaker 7: to as a binger. He would literally drink for Suzanne.
Speaker 7: I mean I remember him being up three days before
Speaker 7: it was bad Mark, and he would drink the entire time.
Speaker 7: He was like Superman. And when I say that, I
Speaker 7: mean it. It's like if I drank even one one
Speaker 7: twentieth of what he drank, I'd be sleeping for days.
Speaker 7: But this guy would drink and drink and drink, and
Speaker 7: then he wouldn't drink for about two weeks and he'd
Speaker 7: go back. He would binge. He wasn't an everyday drinker,
Speaker 7: but when he did drink, my god, he couldn't stop.
Speaker 7: In fact, he got so bad one time, Janie. And
Speaker 7: I'm saying this for multiple reasons. But his little kid,
Speaker 7: how old were his kids at that time, Suzanne.
Speaker 1: Oh, elementary, like under ten or eleven years old. Yeah.
Speaker 7: So I'm sitting at the I'm getting ready to leave
Speaker 7: for my computer store. This is in the nineties, and
Speaker 7: this little kid and he had five six years old,
Speaker 7: to knock it on my door and he's like, can
Speaker 7: you help me get ready for school? My dad won't
Speaker 7: wake up, and my mom already left, and I'm like, jeez,
Speaker 7: I already knew Archie was a mess.
Speaker 1: So I go over to the house, I helped the
Speaker 1: kid get ready.
Speaker 7: I look in and sure enough, Archie's just passed out
Speaker 7: drunk after you know, two or three days of drink.
Speaker 7: And so I helped the little kid and his sister
Speaker 7: get ready for school, brought him out to the bus,
Speaker 7: got him on there.
Speaker 1: And then about a.
Speaker 7: Week after that, Janie, this guy Archie got fired from
Speaker 7: his job. And I hope a lot of people are
Speaker 7: listening to this story because the man lost his job,
Speaker 7: and it was a good job with a company called
Speaker 7: It was a big computer company, Cisco. He worked for
Speaker 7: Cisco for many years. So Archie gets fired from his job,
Speaker 7: had no job for about six months. By the way,
Speaker 7: his wife was an attorney and how they even stayed
Speaker 7: married at this point of time, I have no idea
Speaker 7: he got put on antibuse. My understanding of an abuse
Speaker 7: is you take it and if you drink, you get
Speaker 7: a splitting headache and you're sick as hell, so you
Speaker 7: rather not drink. I mean, really, that's how crazy it is.
Speaker 7: He started drinking through an abuse. He would literally still
Speaker 7: drink through an abuse, and eventually I don't think the
Speaker 7: an abuse had any effect on him. He rather be
Speaker 7: drunk with a splitting headache and sick as a dog
Speaker 7: than not drink alcohol, which told me a lot back
Speaker 7: in my early twenties about alcohol. His wife, and this
Speaker 7: is the last part of the story, ended up suing Cisco.
Speaker 7: You know why they fired him because he was an alcoholic.
Speaker 1: That's a disease. She won.
Speaker 7: He got not only reinstated at his job, he got
Speaker 7: back pay for six months to a year whatever time
Speaker 7: he was gone. Dmitri, I'm with you. When I was
Speaker 7: here this story, I couldn't believe it. So he was
Speaker 7: back for less than two or three weeks, and they
Speaker 7: fired him for something else. In fact, they didn't even
Speaker 7: tell them. They just fired him for cause. So an
Speaker 7: employer out there listening. If you fire someone because they're
Speaker 7: an alcoholic, you better watch it because that is a
Speaker 7: disease and you can't file fire someone for having a disease.
Speaker 7: I know, I know it sounds crazy, Jannis. I'm not
Speaker 7: sure what else we can do besides Warren.
Speaker 1: I think I have a suggestion for Janice. Go ahead,
Speaker 1: bo Jannie. In the future.
Speaker 14: You I lived up in greatly for a while, you
Speaker 14: might consider going to the Well County Human Services. They're
Speaker 14: actually run by the government and they can provide the
Speaker 14: assistance that I think you need, and I think it's.
Speaker 1: A lot better. Are you away from that ax now, Janie.
Speaker 5: Yes, I am far away.
Speaker 1: Yeah that's good. I hope you stay away. A lot
Speaker 1: of times those things don't work out and you end
Speaker 1: up going back over and over and over again.
Speaker 5: Oh no, I got family up here that's really very
Speaker 5: supportive with me, so that helps a lot.
Speaker 1: Yeah, watch that boost go ahead, Jis.
Speaker 5: I'm so sorry too, tom So.
Speaker 7: Yeah, it's crazy morning, but it's good though. Everything's really
Speaker 7: good about tom.
Speaker 1: Now are you going to AA meetings or have you
Speaker 1: looked into that?
Speaker 5: No, I just came up here a week ago.
Speaker 13: Hey, look, I've got a friend of mine who's been
Speaker 13: in AA for decades, decades, decades since his since he
Speaker 13: was about twenty years old, nineteen or twenty, and a
Speaker 13: judge gave him a choice of going to jail or
Speaker 13: going to AA, and he went to AA, and that
Speaker 13: judge was in there with him life Jay became lifelong friends.
Speaker 1: The judges now died.
Speaker 13: But my point is, my friend is extremely successful businessman
Speaker 13: and he goes through AA several times a week and
Speaker 13: this has been like thirty five forty years for him.
Speaker 7: It probably isn't it therapeutic when he helps other people too, right, Yeah, that's.
Speaker 13: What he's doing. That's what he's been doing for decades now.
Speaker 13: And uh man, I mean the stories I hear about
Speaker 13: how useful this organization is. If you're committed to getting well,
Speaker 13: it is a priceless resource.
Speaker 7: Think about it, Janis, you're having a really bad day,
Speaker 7: whatever's happening, you start thinking of either drinking or talking
Speaker 7: to the X, and you have someone to reach out
Speaker 7: to that's gonna talk some sense into you and people
Speaker 7: that are gonna help you. So if you would like
Speaker 7: that information, I'm gonna put you on hold and tell
Speaker 7: Kelly and then we will have Dmitri reach out with
Speaker 7: information or however you want to handle it to Oh, I.
Speaker 1: Think it's super easy, Janis.
Speaker 13: You just look up AA on the internet and you
Speaker 13: will find probably a dozen chess everywhere. Well, meetings are
Speaker 13: several times a day because there are dozens of ch
Speaker 13: and so you can literally go to several meetings a
Speaker 13: day if you need to. And the other thing that
Speaker 13: they do is the assign a mentor to you. And
Speaker 13: this is a person you can call twenty four hours
Speaker 13: a day if you are in a crisis or thinking
Speaker 13: about taking a drink. And that's what my friend did.
Speaker 13: That judge that almost sent him to jail became his
Speaker 13: mentor and he had to access that judge several times
Speaker 13: in you know, overnight, in those early months or early years.
Speaker 1: Jannie, get that, get reach out.
Speaker 7: I mean, you really should call someone now that your
Speaker 7: head's a little straight, after a couple of days you're sober,
Speaker 7: you know, set up some steps right now while you're
Speaker 7: thinking straight, set up some steps and then go from there.
Speaker 1: We'll be back after this.
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Speaker 10: customer when you choose Frank durand the real estate man
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Speaker 10: all three nine two zero sixteen twenty two.
Speaker 7: All right, three all three seven one three eight two
Speaker 7: five five two lines open. You've been ripped off and
Speaker 7: taking advantage of We want to hear from you. I
Speaker 7: also have Marco Bendinelli and illegal questions you have. We're
Speaker 7: going to talk about a case he's got on and
Speaker 7: off and Marco feel free to jump in. Marco's actually
Speaker 7: going to be filling in for us Monday. He told
Speaker 7: me during the break he's not nervous, but he's sweating
Speaker 7: over there like he has you.
Speaker 1: Know, it's like a deer in the headlights, you know
Speaker 1: how many I was thinking.
Speaker 7: So we have John Fuller coming in and filling in
Speaker 7: tomorrow through Friday, and I had to get someone else
Speaker 7: on the bench and that was Marco. And it's kind
Speaker 7: of crazy to first time you're going to do a show, right,
Speaker 7: I mean.
Speaker 1: Really, that's that's accurate. Yeah, I like that.
Speaker 7: So he's going to be practicing a little bit during
Speaker 7: the show today, So please feel free to get these
Speaker 7: lines buzzing like crazy.
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Speaker 7: Let's go to David. David real quick, you had a
Speaker 7: comment on Janice's issue.
Speaker 1: How are you, David?
Speaker 5: Good?
Speaker 15: Can you hear me?
Speaker 16: Okay?
Speaker 1: Yeah, I got you, bro Okay cool.
Speaker 15: Yeah, she's She's just my best friend. Oh and I'm yeah,
Speaker 15: and shook up over Tom. I've hung out with him,
Speaker 15: I've done stunt shows when he's done stuff at the
Speaker 15: convention Center. I haven't seen him in like thirteen years
Speaker 15: back when he was married to Holly, and I'm like
Speaker 15: shook up. But he's gonna be okay, right with his.
Speaker 1: Liver, He's gonna what do you mean with his liver?
Speaker 16: I heard pancreastick or something.
Speaker 1: Yeah, pancreas man. David, go ahead, yeah, so what what
Speaker 1: what is your comment? David? Honestly, you're go ahead.
Speaker 15: Yeah, It's it's really about Janice. She's prettier in Kamla
Speaker 15: Anderson been running around on the streets for like thirteen years.
Speaker 15: It's shocking. But the thing that I'm so upset about really,
Speaker 15: and it just picked the light bulb. Hey, man, if
Speaker 15: I can get in. And it kind of has to
Speaker 15: do with Janie is I did write the governor about
Speaker 15: this situation.
Speaker 1: You mean this place in long mind or where was it?
Speaker 5: No?
Speaker 15: No, no, no, kind of Janie was the one that
Speaker 15: triggered it, because she's my best friend, you know. And
Speaker 15: I got to say, hats off to the Thornton Police
Speaker 15: because whenever she would have a campsite, I would do
Speaker 15: a GPS location where she would be when I'd go
Speaker 15: to visit her once twice a month, because you know,
Speaker 15: they're obscured places. And she went for suicide and the
Speaker 15: Thornton Police were there in less than five minutes starting
Speaker 15: and they saved her life. So my hat's off to
Speaker 15: the Thornton Police. Point is, I wrote the governor real quick,
Speaker 15: and I wish maybe you guys would pick it up
Speaker 15: because Janice is so beautiful. Maybe give her You would
Speaker 15: be shocked and how pretty this girl is? Okay, well,
Speaker 15: at any rate, My point is is that I met
Speaker 15: her through my best friend who's in Florida. And my
Speaker 15: best friend in Florida is like, David, how come they
Speaker 15: don't have the Baker Act. Have you ever heard of
Speaker 15: the Baker Act?
Speaker 5: Now?
Speaker 1: Is that where you can have someone locked up basically?
Speaker 15: Okay, like say Janice, I'll love her to death. Our
Speaker 15: best friend sends you a text, I'm very suicidal.
Speaker 1: Yeah, so they can they can hold her. Yeah, I
Speaker 1: get it.
Speaker 15: I can take that to a sheriff show the sheriff
Speaker 15: boom seven day hold. Yeah, and we don't have that
Speaker 15: in Colorado.
Speaker 1: Okay, so you asked the governor for that. Did you
Speaker 1: get any response from the office.
Speaker 8: Oh?
Speaker 1: No, And see, I don't know exactly.
Speaker 15: I don't want to get political, but hold on, David,
Speaker 15: David political, but okay, I'll put him on hold.
Speaker 7: First of all, I think he might be I don't
Speaker 7: think he's intoxicated. But something's wrong here. I mean, I
Speaker 7: I just don't know.
Speaker 1: I'll put it. I call it like I see it.
Speaker 1: Maybe I'm not rambling Rose, Yeah, he's rambling.
Speaker 7: But but here's here's what I'm here's what I'm concerned
Speaker 7: about with his Baker Act. And I'll bring you back up, David,
Speaker 7: but I got to take a break. But I'm very
Speaker 7: concerned that people would misuse it. People would simply go, oh,
Speaker 7: look at this text. You have no idea at phone
Speaker 7: number who that is? And then the next thing you know,
Speaker 7: the cops are going out and snagging someone in and
Speaker 7: locking them up for a week. I'd like your thoughts
Speaker 7: on that whole titan, Jim. I promise you'll be after him.
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Speaker 10: Time for an insurance check up free, no obligation. In comparison,
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three oh three, seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
Speaker 10: oh three nine two zero sixteen twenty two.
Speaker 7: All right, three oh three seven one three eight two
Speaker 7: five five three zero three, Martina, you've been ripped off.
Speaker 7: H David called in. He had a comment about Janis.
Speaker 7: He says, how come Colorado doesn't have this three day hold?
Speaker 7: First of all, I looked it up. I don't there
Speaker 7: are a seven day hold? He said, it's only seventy
Speaker 7: two hours. But David, think of the abuse that could
Speaker 7: that could be used for?
Speaker 15: Man, yeah, no, I don't think that they really have
Speaker 15: a problem in Florida. With talking to my friend, I
Speaker 15: think it would be very advantageous for Colorado.
Speaker 7: It's not as easy as showing a cop a text
Speaker 7: or a judge.
Speaker 1: You basically got to go and prove.
Speaker 7: I think ultimately you got to go through a judge
Speaker 7: in order to get a warrant to go out and
Speaker 7: throw someone in detox. I mean, I can't imagine they
Speaker 7: wouldn't have to go through that. And honestly, I thought
Speaker 7: there was something like that in Colorado.
Speaker 1: Do you guys know?
Speaker 7: I thought, if you're nuts, they can lock you up
Speaker 7: on a hold for three days.
Speaker 1: I thought it was seventy two hours. Or yeah, it's
Speaker 1: it seventy two hours. I don't know what the Baker
Speaker 1: Act is or whatever he was. That's that's in there.
Speaker 1: But David, what else do you want to say? Man?
Speaker 15: Oh, that's it. Janni's did wonderful and thank you so much.
Speaker 1: Yeah, thank you, David. I appreciate you.
Speaker 15: Quick, yeah, yeah, just real quick. My friend in Florida says, basically,
Speaker 15: you can just show the sheriff attack, well he's a liar,
Speaker 15: interview him and possibly put the guy like that. And
Speaker 15: I called sheriff officers here and they say, we don't
Speaker 15: have such a thing.
Speaker 7: I don't think Florida has it. Listen, I'm sure they
Speaker 7: have something. I don't think you're fabricating the whole thing.
Speaker 7: But there is no state in this great Union where
Speaker 7: you can go up to a cop and say, look
Speaker 7: at this text, go grab this guy and throw him
Speaker 7: in jail. Can you imagine the abuse that would happen
Speaker 7: with Hell. I'd have Dmitri thrown in today, just for
Speaker 7: the hell of it.
Speaker 1: Twice on Sundays. How about the DA?
Speaker 7: The DA, You're getting ready to go to trial, Marco,
Speaker 7: and then you simply go show some cop, Oh the
Speaker 7: DA sent me this, Go lock him up so he
Speaker 7: doesn't show up for my trial.
Speaker 1: Insane, you know. And a lot of people think that
Speaker 1: what can.
Speaker 2: Be used for good, yeah, you know, they don't think
Speaker 2: about it in the reverse.
Speaker 7: No, the evil part of that is absolutely crazy. It's like,
Speaker 7: I believe we don't we have something with gun laws
Speaker 7: here in Colorado where they can take your gun away.
Speaker 1: The red flag law. You're opening up a bag worm.
Speaker 1: But how does that work? Really quick?
Speaker 7: Because we only have about a minute before we go
Speaker 7: to break What is that? What is the red flag?
Speaker 13: Well, you know, I didn't read the law, but basically
Speaker 13: it allows people other than you, so say a personal
Speaker 13: somebody that you're in a relationship with, or a family
Speaker 13: member a parent yeah, a parent, yeah, to go to
Speaker 13: the cops and claim that you're a danger to yourself
Speaker 13: or other people, and then the cops can come and
Speaker 13: confiscate your guns first.
Speaker 1: So I'm want to tell you a story about that.
Speaker 7: And it was an effect to remember Club Q, I
Speaker 7: think it was Club Q and Colorado Springs.
Speaker 1: Oh yeah, Terbo mass murder.
Speaker 7: Yeah, that guy showed up, the cops showed up at
Speaker 7: his house, and his parents.
Speaker 1: Called the cops. This was like a year before or whatever.
Speaker 7: The cops did nothing in Colorado Springs, didn't take his gun,
Speaker 7: didn't do anything, and then we all know what happened.
Speaker 7: So I don't know how great these laws are in general.
Speaker 1: I don't. I think a lot of it's got to
Speaker 1: do with what authority shows up, what cops show up,
Speaker 1: what judges involved, Everything has to do with everything. Okay, listen,
Speaker 1: we've got a lot going on.
Speaker 7: We've got to follow up with Brad O'Brien, attorney at law,
Speaker 7: in an issue with an easeman from Jim, and we've
Speaker 7: got some open lines.
Speaker 1: Three oh three Martino three zero three Martino.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 10: dot com. You don't pay a cent until you're contenth
Speaker 10: time for an insurance checkup free, no obligation in comparison
Speaker 10: call Compass Insurance. Pay too much your coverage at dozens
Speaker 10: of insurance companies find out now three oh three, seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
Speaker 10: oh three nine two zero sixteen twenty two.
Speaker 1: New So you don't have the as can Shooter's gonna
Speaker 1: help coming man.
Speaker 6: This is the Troubleshooter Show. No Tom Martine, Hello and
Speaker 6: welcome to.
Speaker 1: The longest running consumer advocate show.
Speaker 14: For the past forty five years, the Martino Show has
Speaker 14: been solving your problems and complaints. Did you know that
Speaker 14: our audiences actually have avoided costly mistakes and have saved
Speaker 14: millions of dollars by simply listening.
Speaker 1: To the show on a daily basis.
Speaker 14: I am Deputy Bo along here with Deputy Dollar and
Speaker 14: Deputy Dmitri and special guest host Mark Major.
Speaker 1: Today we have in special guest host Major Mark Major.
Speaker 1: I'm on the show every day, Bo, I'm not You're
Speaker 1: not here every day. Mark is special anymore?
Speaker 14: Actually here, and I'd like to introduce personal injury Attorney.
Speaker 2: Extraordinaire Mark Gelli. Remember the word extraordinaiy extraordinary. All I'm
Speaker 2: saying that's part of your name, is what you're saying.
Speaker 2: What's the biggest case she ever did?
Speaker 1: Marco? By the way, folks, we had some lines open
Speaker 1: three oh.
Speaker 7: Three seven one three eight two five five three oh three, Martino,
Speaker 7: if you've been ripped off taking advantage of we want
Speaker 7: to hear from you. What's the biggest case, biggest dollar
Speaker 7: amount in front of a jury? Marco Bendinelli six million? Wow,
Speaker 7: that's a big one. Can you say what it was?
Speaker 1: No? Why?
Speaker 2: But you asked me about the one that that I
Speaker 2: didn't go to trial yet, the one in California, the
Speaker 2: one in Los Angeles.
Speaker 1: That's crazy. Let's do this up. Listen to this though,
Speaker 1: if I recall a cop shot a kid. Is that right?
Speaker 1: Do I have the basics or no? You got the basics? Okay,
Speaker 1: hold on, We're going to dig into that in a segment.
Speaker 1: But that's an up and coming trial. That's true.
Speaker 7: And you're going after the city, I assume or the police?
Speaker 7: Who do you?
Speaker 1: Who are you targeting? It was actually off duty? Got it?
Speaker 1: Los Angeles police? Wow?
Speaker 2: They were working for a third party security company.
Speaker 1: Yeah, they do that all the time.
Speaker 2: So because they were off duty or because they were
Speaker 2: kind of moonlighting, the city is really not involved, nor
Speaker 2: the County of Los Angeles. Because you got the city
Speaker 2: of Los Angeles, you got the County of Los Angeles,
Speaker 2: neither of which are going to be involved.
Speaker 1: Got it. That's interesting.
Speaker 7: I didn't realize if if an officer was off duty,
Speaker 7: how about if they weren't working for somebody else? How
Speaker 7: does that work? In other words, we all hear about
Speaker 7: these police shootings, But let's say one goes down where
Speaker 7: the cop is at home and shoot someone in the
Speaker 7: back or something like that. You're saying you still couldn't
Speaker 7: go after the city if they were off duty. Forget
Speaker 7: that they're working for somebody else security. But They're just
Speaker 7: they're in their everyday life at a grocery store and
Speaker 7: they think so going down and they make a horrible
Speaker 7: mistake and someone ends up dead.
Speaker 2: I guess the question is are they operating in the.
Speaker 1: Scope of their duties?
Speaker 2: Okay, but in my case, they were were dependent contractors.
Speaker 7: Yeah, one hundred percent. So they you know, was it
Speaker 7: security at a.
Speaker 1: Bar or something or a nightclub?
Speaker 2: No, it was actually Metro Transit. They were working the subway.
Speaker 1: So aren't they still working for the city.
Speaker 2: Then they are working for the third party company because
Speaker 2: they are not on duty.
Speaker 1: I well, I'm saying, but it's still I thought.
Speaker 7: I think of RTD the like if RTD in Colorado
Speaker 7: hired a police officer to do security at one of
Speaker 7: the train stations, I would assume they're getting hired by
Speaker 7: the government. That's RTD.
Speaker 2: It's a pseudo, right, And so in Los Angeles there
Speaker 2: is Metro Police got it right that our employees got it,
Speaker 2: and then they hired and they hired in outside firm
Speaker 2: for security. About sixty of their security is done by
Speaker 2: an outside firm, actually.
Speaker 1: A couple of them. I got it. Hey, Jim, what's
Speaker 1: going on?
Speaker 7: What is this follow up gives me some insight on
Speaker 7: what the original issue was with the easement.
Speaker 17: This is Jim am I on Mark.
Speaker 7: Yeah, you're on Jim. Give us explain what happened with
Speaker 7: the easement.
Speaker 1: Well, there there is.
Speaker 17: There's a private dirt road in the mountains, and we
Speaker 17: own property that abusts this private road, and the people
Speaker 17: that are at the end of the road have asked
Speaker 17: all the other owners who have this property has an
Speaker 17: entrance on that private road to sign an easement. Even
Speaker 17: though there's been a just historically an informal easement, they're
Speaker 17: asking for an easeman hoverybody to sign up for it.
Speaker 17: I did not get a letter on our property because
Speaker 17: we do not have the driveway that empties into that road,
Speaker 17: but our property of busted. So I've been talking to
Speaker 17: some of the neighbors and they had concerns about whether
Speaker 17: they're legally obligated to sign this. When I read this easement,
Speaker 17: it looks like one of the paragraphs is if if
Speaker 17: if it isn't done, if they don't sign voluntarily, they'll
Speaker 17: go before judge. And it looks like they can ask
Speaker 17: for legal and court costs if it's granted.
Speaker 7: What did you guys end up doing. Did you end
Speaker 7: up signing it? I know I got Brad O'Brien in here.
Speaker 7: Did you guys retain him?
Speaker 17: No, nobody has signed it yet. We're just trying to
Speaker 17: get a better understanding of what it is. They're asking
Speaker 17: for a twenty foot evement ten feet from the center
Speaker 17: of the centerline of the road. This road is only
Speaker 17: like maybe twelve fifteen feet at the widest.
Speaker 7: And what are they get to Why are they asking
Speaker 7: for the ease? Man, I'm sorry, I probably over I
Speaker 7: probably glanced by it when you said it.
Speaker 17: Well, they're according to their letter. I don't know if
Speaker 17: you had a chance to open any of that BBS
Speaker 17: that I sent you. According to their letter, they inherited
Speaker 17: this property about six years ago, and the title company
Speaker 17: and their attorney told them that it would be in
Speaker 17: this type of situation. Is normal for old mountain properties
Speaker 17: to ask for an easement so that they had legal
Speaker 17: access and perpetuity. Now they've had access for sixty four
Speaker 17: years and it's never been an issue.
Speaker 7: So why did it become an issue with them? What
Speaker 7: is your take on that they just want to make
Speaker 7: sure Yeah, I think or do you think it's for
Speaker 7: nefarious reasons. Do you think there's something else going on?
Speaker 17: No, I don't think so. I think they just talked
Speaker 17: to when attorney that said, hey, get it done. You
Speaker 17: should ask these now.
Speaker 7: Hey, Brad, what do you make of this? I mean,
Speaker 7: have you actually looked over these documents?
Speaker 1: Brad? Or is this the first time you're hearing about this?
Speaker 12: I don't know who your collar is, So I don't
Speaker 12: recognize that this that I spoke about this previously?
Speaker 4: Did I?
Speaker 1: I don't think so.
Speaker 7: Jim, You've never talked to Brad before, Right, Kelly, you
Speaker 7: just decided to get Brad on.
Speaker 13: I was there for the call mark and Brian was
Speaker 13: not involved in that conversation.
Speaker 1: You mean Brad? Yeah, Brad? Okay, So what are your
Speaker 1: questions for our attorney? Jim?
Speaker 7: How about this? Maybe we send over Would you mind
Speaker 7: eyeballing a Brad what they want him to sign?
Speaker 15: You know what?
Speaker 12: These easements into mountain properties?
Speaker 1: Yeah?
Speaker 12: Very complicated, very nuanced. There's a lot that goes into them.
Speaker 1: Oh, you're not just I get it. It's not like
Speaker 1: just dieballing for something in a lease.
Speaker 12: This is one of the most complicated issues that I
Speaker 12: deal with, is Roadie's I mean there's a half different,
Speaker 12: half dozen different ways to get an easement, you know,
Speaker 12: whether expressly through contract or an instrument like amusement that's recorded,
Speaker 12: or by law. There's several different ways to get it
Speaker 12: an easement by law.
Speaker 7: What I'm not getting is they're saying, here, you guys
Speaker 7: all need to sign this according to the caller gym,
Speaker 7: and if you don't, we're going to take you to
Speaker 7: courd on it. If we win, we're going to charge
Speaker 7: you attorney's fees. Is that h Does that make any sense?
Speaker 7: Or is that somewhat normal? Brad when it comes to
Speaker 7: these mountain easements?
Speaker 1: This is typical.
Speaker 12: Uh, there's a lot of there's a lot of dirt
Speaker 12: roads that have houses on them that don't have any
Speaker 12: that are not papered over with a recorded easement agreement.
Speaker 12: And is uh it's practical to get all the people
Speaker 12: who are using to sign something which is a mutual
Speaker 12: access easement, and that's an opportunity for to put it
Speaker 12: also in that agreement some of other convenancela maintenance. You know,
Speaker 12: who's going to share in the costs of.
Speaker 1: Of snow plow anything?
Speaker 12: Yeah, putting down more dirt dirt or more gravel from
Speaker 12: time to time rating and that.
Speaker 8: Yeah.
Speaker 12: Yeah, so these agreements can be uh combined easement agreement
Speaker 12: and property and maintenance agree him.
Speaker 7: What is the reluctance of you and the other neighbors
Speaker 7: of actually entering into this or you're just simply wanting
Speaker 7: advice on it?
Speaker 17: Well, Uh, I think I haven't talked to all the neighbors,
Speaker 17: but a couple of them just it's been this way
Speaker 17: for sixty four years and they don't understand why, Uh,
Speaker 17: it needs to be formalized. The other concern they have
Speaker 17: is this twenty foot wide easement and in our instance,
Speaker 17: we were we are not being asked to sign this
Speaker 17: easement agreement because we do not have the entrance to
Speaker 17: our property does not come off of that private road,
Speaker 17: but one the back the back edge of our property
Speaker 17: about the road to My concern is if they're not
Speaker 17: asking us for to sign this eisement, would this easement
Speaker 17: apply to us they're not asking us to sign it?
Speaker 17: And then the other question I have is if it's.
Speaker 7: Well, if it's an easement, hold on Jim, if it's
Speaker 7: in Brad, please correct me if I'm wrong, But if
Speaker 7: the easement's put in and you're at the very end
Speaker 7: and you have nothing to do with it, but you're
Speaker 7: still using that road. Well, yeah, it definitely would affect
Speaker 7: you because now it's an easeman. I mean, I guess
Speaker 7: what I'm saying is it might not affect you as
Speaker 7: far as cost.
Speaker 1: What exactly is your question?
Speaker 7: I mean, it would affect you just because there's an
Speaker 7: easement there now.
Speaker 17: Well, one of the clauses in the easement is the
Speaker 17: size of the easement.
Speaker 1: Yeah, so the road.
Speaker 17: Right now is like it's a narrow their road twelve
Speaker 17: fourteen t Ye. They're asking for a twenty foot easement
Speaker 17: ten s from e the side of the center line
Speaker 17: on our properties ten see from the center line of
Speaker 17: the road. There might be some free within that ten
Speaker 17: seas uh ten foot easements from the center line. My
Speaker 17: question is, can they cut threes down of my property
Speaker 17: if it's in the easement?
Speaker 7: Hey, Brad, Typically on an easement like this, I mean,
Speaker 7: would they cut the trees down or only if needed
Speaker 7: in the future.
Speaker 12: Well, normally in these situations where you've got an existing
Speaker 12: that people are using, uh and and these agreement is
Speaker 12: done after the fact. It basically says we're going to
Speaker 12: the Eastern is going to be on the existing road
Speaker 12: as currently used, and ideally you'd get a certain a
Speaker 12: surveyor to actually draw that out, and so there would
Speaker 12: be no need to cut down trees because it's already
Speaker 12: in use.
Speaker 1: Yeah, it's already there. It's not like they're building something.
Speaker 7: Hold on a second, though, both of you guys, I
Speaker 7: got to take this break. Brad, try to hold on,
Speaker 7: and then Jim, we'll come back and discuss a little more.
Speaker 7: Three oh three seven three eight two five five three
Speaker 7: oh three Martino.
Speaker 10: Go with a short Denver's Best roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Time for an insurance check up free, no obligation comparison
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three all three seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
Speaker 10: all three nine two zero sixteen twenty two.
Speaker 7: All right three o three seven one three eight two
Speaker 7: five five three oh three Martino, we got some open
Speaker 7: lines you want to get through with any questions, any complaints.
Speaker 7: We love going after the bad guys in studio with me,
Speaker 7: of course, all our deputies, and then Marco Bendinelli, attorney
Speaker 7: at long I'm going to go back to Jim though,
Speaker 7: and lock him in with Brad O'Brien. Hey, Brad, you've
Speaker 7: listened to a little more of it. I would suggest
Speaker 7: to Jim basically he gets together with the other neighbors.
Speaker 7: How many of their how many how many other neighbors
Speaker 7: are there, Jim? How many of you guys all together?
Speaker 1: Oh?
Speaker 17: There's probably well so.
Speaker 7: I mean if everybody chips in. I mean, Brad, how
Speaker 7: many hours to look over.
Speaker 1: Something like that? Do you think?
Speaker 7: And really, if they're going to take them to court,
Speaker 7: and pretty much that would be eminent domain. If they
Speaker 7: take them to court.
Speaker 12: I'm in a domain is a different thing.
Speaker 7: No, But what I'm saying is if they take them
Speaker 7: to court in front of a judge because none of
Speaker 7: them want to sign it, I mean, eventually, if they
Speaker 7: get it, if the county actually gets it or the
Speaker 7: city gets it or whatever, if they actually get the property,
Speaker 7: wouldn't that that's not through eminent domain?
Speaker 12: Well, there's no okay, there's a statute in Colorado to
Speaker 12: turn private roads into public roads. But that's that's not
Speaker 12: that's not what we're talking about here. Okay, they're talking
Speaker 12: about doing an eis an agreement, which makes a whole
Speaker 12: lot of sense. If anybody in the twelve homeowners wants
Speaker 12: to refinance and get a new mortgage, that ortgage leaders
Speaker 12: probably can require document legal access to the property. Yeah,
Speaker 12: something that everybody needs.
Speaker 7: Or else shelby, Yeah, because they could say, hey, if
Speaker 7: these people cut you off, you can't even get to
Speaker 7: your house.
Speaker 4: Yeah.
Speaker 12: Yeah, So these are this is a complicated issue. You
Speaker 12: have to have surveys, get to really look at the
Speaker 12: sixteen years of history that's locate.
Speaker 7: But typically they would pay for all of these these costs, right,
Speaker 7: I'm not talking about if they want to hire an
Speaker 7: attorney to look over everything, but you know the county
Speaker 7: would be paying for all this.
Speaker 12: Well, I don't think they're talking at a public road here.
Speaker 17: Right right road and the end of road owners have
Speaker 17: already had the road survey.
Speaker 1: Got it, So you really wouldn't have any cost.
Speaker 17: Well other than retaining an attorney to review this before
Speaker 17: anybody signs it.
Speaker 1: Yeah.
Speaker 7: Well, I mean how many hours. Do you think that
Speaker 7: would be, Brad? I mean, who knows. I don't know
Speaker 7: how big disagreement is or what's involved in.
Speaker 12: It, but my point is it is several. It's not
Speaker 12: something that you just eyeball and look at the I
Speaker 12: wouldn't just look at the agreement that's proposed and have
Speaker 12: to do some due diligence.
Speaker 8: Got it on the situation?
Speaker 7: All right, Hey Brad O'Brien, I appreciate it, And Jim,
Speaker 7: if I were you, I would literally give Brad a
Speaker 7: call his numbers seven to zero three seven zero seven
Speaker 7: three eight eight. I just I don't know where you're
Speaker 7: I guess I'd want to attorney to look at it, Marco,
Speaker 7: wouldn't you. I mean, if you're giving up some of
Speaker 7: your property for an easement or for any reason, probably
Speaker 7: have someone eyeball it.
Speaker 2: Well, if it's been going on for sixty four years, yeah,
Speaker 2: who in the hell gives a damn?
Speaker 7: Well, maybe someone refining. Like Brad said, right, he's landlocked.
Speaker 2: And you were right in some ways about you know,
Speaker 2: it's similar to an eminent domain, right.
Speaker 7: Yeah, because an eminent domain is someone taking your property
Speaker 7: by force.
Speaker 1: Yeah, but it's government.
Speaker 2: Yeah, you know, taking personal property for public use.
Speaker 1: Yeah okay.
Speaker 9: And but if it's happened on a principle here, because
Speaker 9: you have a homeown, who would.
Speaker 1: You know suffer undue hardship? Yeah, right, so you can use.
Speaker 2: That principle, you know, to get an easement in the circumstance.
Speaker 7: Jim, you got any other questions? Are you gonna give
Speaker 7: Brad a call? Or what are you thinking?
Speaker 17: You're back with the UH with the other homeowners, and
Speaker 17: we'll have a discussion and we'll probably get Brat a call.
Speaker 7: Split split the cost up by twelve people or whatever
Speaker 7: the breakdown is of homes. It's not going to cost
Speaker 7: you that much. I mean, it's gonna be whatever the
Speaker 7: hourly is times how many hours to look at the agreement.
Speaker 7: You guys already have the full agreement though, right, yeah,
Speaker 7: yeah you do. I mean that's what I would do.
Speaker 7: I mean, like Dad, serious, all right? Three oh three
Speaker 7: seven one three eight two five five. Marco, you brought
Speaker 7: up eminent domain. It's used quite a bit. It's actually
Speaker 7: gone to the Supreme Court I think more than once.
Speaker 1: Right, yes, and.
Speaker 7: They basically say, yeah, you can do it if it's
Speaker 7: if it's good for everybody where I hate where they
Speaker 7: use eminent domain is purely for tax revenue. I don't
Speaker 7: think that's fair. If they got to build a highway
Speaker 7: through a farmer's farm, infrastructure a bridge, something I agree
Speaker 7: with it. Where I don't agree with it is you
Speaker 7: got a strip mall somewhere and they want to take
Speaker 7: all the small businesses in the strip mall and build
Speaker 7: a casino. Because a casino and hotel is going to
Speaker 7: generate a lot more tax dollars for the city.
Speaker 1: I don't agree with it in those circumstances. What are
Speaker 1: your thoughts?
Speaker 2: Well, that would be a bunch of tenants, right, so
Speaker 2: you know that's a tough one, you.
Speaker 7: Know, But they use it for tax revenue all the
Speaker 7: time across the country.
Speaker 2: The court is required to do a balancing test, right
Speaker 2: and you know, and so basically the court gets to
Speaker 2: do whatever they want, right, Yeah, And then they say
Speaker 2: that we had to balance the interest. Right, But the
Speaker 2: government can't take your property without giving you compensation.
Speaker 7: Yeah, but you fifth Amendment? You take my case with
Speaker 7: my goodyear at now. Ultimately, I'll say this, it worked
Speaker 7: out great for me, okay. But originally, when the City
Speaker 7: and County of Denver walk into your place of business
Speaker 7: and say, hey, this is exactly what they told me.
Speaker 7: They said, look, this is what it was. A company
Speaker 7: they hired Denver called h C. Peck, and HC Peck
Speaker 7: came a knocking on my door, just like they did
Speaker 7: the liquor store next door, the waffle house that was
Speaker 7: on the other side of me.
Speaker 1: And about ten other businesses. We all had the phone call,
Speaker 1: and the phone call went or not the phone call.
Speaker 1: They literally walked in and said, hey, hey, Mark, here's
Speaker 1: the deal. You're not going to believe it, but we're
Speaker 1: going to take your building. It's going to take about
Speaker 1: a year and a half and you're going to be
Speaker 1: upset and you're going to fight it, and a lot
Speaker 1: of people are going to try to fight it. But
Speaker 1: the bottom line is, I want you to understand something.
Speaker 1: We're going to.
Speaker 7: Take your building because we're building. We're building a train
Speaker 7: station right here that's going to go to da and
Speaker 7: there's nothing that's going to stop that no matter what. Now,
Speaker 7: I only rented that building. So what happened is my
Speaker 7: landlord got compensated very well. The City and County of
Speaker 7: Denver paid me to move. That's big deal.
Speaker 1: What about loss of revenue. No, they didn't pay.
Speaker 7: They do not pay loss of revenue on an eminent
Speaker 7: do main claim with a small business, do not whatsoever
Speaker 7: they did through storage. So in other words, I had
Speaker 7: the store tires, they paid for storage, They paid for
Speaker 7: the moving some of the code. I ended up buying
Speaker 7: a building directly behind that building. I bought a building
Speaker 7: and that turned out to work out very good for
Speaker 7: me in the long run. But in that intro where
Speaker 7: I had to convert this building into a good year,
Speaker 7: it cost me a damn fortune.
Speaker 2: Well, I had a uncertainty. You know, they just interrupted
Speaker 2: your business. I mean, thank god it turned out okay.
Speaker 1: Right, but you didn't know at the time. I mean,
Speaker 1: they come in, they say something like that, and I
Speaker 1: went through all the emotions they told me. They said,
Speaker 1: you're going to fight it. You're going to think you're
Speaker 1: gonna win. It's unfair.
Speaker 7: H C Peck was actually very good at setting expectations
Speaker 7: because everything they told me actually came true.
Speaker 1: I mean literally everything.
Speaker 2: So the city paid them because HC Peck had to
Speaker 2: write a report. Right, So that's the city's evidence that
Speaker 2: they could present in a hearing as to why it's
Speaker 2: a good thing.
Speaker 7: Yeah, and they Here's what people don't realize about businesses
Speaker 7: in eminent domain. And I'm not talking about when the
Speaker 7: city comes in and takes an easement or something and
Speaker 7: takes ten feet of property. I'm talking when they come
Speaker 7: in and shut you down. When they come in and
Speaker 7: shut you down. The percentage of businesses that made it
Speaker 7: through that. Okay, I already told you a waffle house,
Speaker 7: a veterinarian, Bennett's Barbecue, Taco Bell I think it was
Speaker 7: Taco Bell or that other taco place, a liquor store.
Speaker 7: There was about twelve of us. Out of those twelve,
Speaker 7: not one is still there. The success rate of moving
Speaker 7: a small business. Where was that's customer? Seventy Impuia. It's
Speaker 7: right where the big train station is.
Speaker 1: Okay, when there Bennett's Barbecue in Arvada? Yeah, they had
Speaker 1: one in Arvada. And they also had one in.
Speaker 7: Where was that other one's u Zam Park Meadows for
Speaker 7: a very small amount of time, well over at Kipling
Speaker 7: and no, right by our old corporate headquarters in Quebec. Yeah,
Speaker 7: it was one of those restaurants that, like, it's been
Speaker 7: a restaurant fifty different times. Marco, have you ever seen
Speaker 7: those like some retail business that nothing can survive in
Speaker 7: that area. Guys, and I have no idea why that
Speaker 7: was one of those restaurants. In fact, it's probably been
Speaker 7: ten different things.
Speaker 2: Yeah, that's that's that's working against instincts.
Speaker 1: Yeah, it's like, why.
Speaker 2: Go that history of failure here? I think I'll be
Speaker 2: next in line.
Speaker 1: I'll tell you the other one.
Speaker 7: What was that gigantic radio shack called back in the day,
Speaker 7: massive Radio shack. Candy No Candy Corporation came up with
Speaker 7: this idea, let's build like the world's biggest radio show.
Speaker 1: Oh, incredible Universe, Incredible.
Speaker 7: Universe, and it was right in front of the mall
Speaker 7: Park Park meadows. That damn store has been everything in
Speaker 7: the world. Yeah, that thing is now it's like a
Speaker 7: home something. But that store up until what's been there
Speaker 7: for a year or so, has been everything from a sears,
Speaker 7: it's been everything, and it's been multiple things at once.
Speaker 13: It was really cool when it was Incredible Universe. I
Speaker 13: bought my VCR there of vcry we're dating. I loved
Speaker 13: going to that Incredible Universe. It was the world's largest
Speaker 13: radio shack. All right, everybody hold type we got two
Speaker 13: lines open mic.
Speaker 10: I go to you.
Speaker 7: He's got a comment three oh three seven one, three
Speaker 7: eight two five five. We're gonna We're gonna ask uh,
Speaker 7: We're gonna ask Marco too, about this shooting from this
Speaker 7: cop in l A. And you're representing you're representing the
Speaker 7: shooter or the shoot.
Speaker 1: T the shoots the air. How is Oh, well, he's deceased.
Speaker 1: Oh my god, he's dead.
Speaker 8: We're here.
Speaker 1: This is gonna this was the parents hired you? Is
Speaker 1: it the parents the who hired you? The mom?
Speaker 7: Oh my god, I didn't know he was dead. I
Speaker 7: apologized for that. I really had no idea the guy died. Yeah,
Speaker 7: I'm dying to know how you because it's in LA
Speaker 7: how you got involved? Everybody hold tight.
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Speaker 3: You don't pay a cent until you're contenth wait.
Speaker 10: Time for an insurance check up free, no obligation. In comparison,
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Speaker 10: of insurance companies. Find out now three oh three seven
Speaker 10: seven to one help. You'll think you're his only customer
Speaker 10: when you choose Frank durand the real estate man dot
Speaker 10: com to list your home with Remax Alliance three oh
Speaker 10: three nine two zero sixteen twenty two.
Speaker 7: All right, three oh three seven one three eight two
Speaker 7: five five three oh three Martino, you've been ripped off
Speaker 7: or taken advantage of. Mike has a comment on the
Speaker 7: Eastman issue. Mike, what's your comment?
Speaker 1: Brother?
Speaker 12: Hello, thank you? I just sent to the process similar
Speaker 12: to this guy. We've had foot access to our property,
Speaker 12: which is about fifteen feet off the county day. Yeah,
Speaker 12: since thineteen sixty. And now that I want to actually
Speaker 12: drive a car across that my boat, both my neighbors
Speaker 12: on either side got together and landlocked you, and so
Speaker 12: I did have to hire a lawyer go to car
Speaker 12: to seek access.
Speaker 1: Oh my god, Mike, how long?
Speaker 10: How No?
Speaker 7: Wait wait that was such a mouthful. Why would these
Speaker 7: jerks and I'm using my own term there. I'm not
Speaker 7: saying you're calling them jerks, but why would they get
Speaker 7: together and try to landlock you? Why are they such jerks?
Speaker 12: I can only say they are maybe far last.
Speaker 1: Or okay, So in other words, you had a truck
Speaker 1: flag and they're voting for Harris.
Speaker 3: Yes, I got you.
Speaker 1: That's unbelievable, though it doesn't make sense.
Speaker 12: I've been very nice to them over the years. Yeah,
Speaker 12: they bought property to Lamb Mockney.
Speaker 7: No, you probably, I swore to God, you probably nailed it.
Speaker 7: You probably had the wrong flag up or something. How
Speaker 7: much did you spend to get this done altogether where
Speaker 7: you can get to your own house for God's sake?
Speaker 1: Doesn't sound like pauls No.
Speaker 12: With lawyers, surveyors, it's thinking about two years. I think
Speaker 12: it was called thousand or so dollars.
Speaker 1: Did they end up having to pay any part of
Speaker 1: your attorney's fees?
Speaker 12: No? Now, And that's the crux of the comments. In Colorado,
Speaker 12: you have a constitutional Colorado right to access your property. Yeah,
Speaker 12: they don't want to give it to you.
Speaker 1: That's absolutely right.
Speaker 12: A lawyer not a lawyer. Yeah, a lawyer will uh
Speaker 12: guarantee that. So they will. Somebody will give you an
Speaker 12: over their property so that you can have access to
Speaker 12: your pain. I have guaranteed a shared easement. Now, I
Speaker 12: offered to buy this twelve foot strip of land, this
Speaker 12: twenty five feet of it of a twelve by twenty
Speaker 12: five piece, for five thousand dollars. They would not sell
Speaker 12: me that little strip of land. So then I had
Speaker 12: to go to court.
Speaker 8: To be.
Speaker 12: Offered my shared easement over their land to my property.
Speaker 12: So you ended up getting it.
Speaker 1: You ended up actually getting it cheaper, didn't you.
Speaker 12: I'd rather spent the five thousand to have my own
Speaker 12: access without my neighbor's thumb or observation of what I
Speaker 12: do on there. It's still her their property. It's just
Speaker 12: that we have a shared easement so I may access it,
Speaker 12: but that person still owns it, and I don't like that.
Speaker 1: Did it burn them? I mean, are they like totally
Speaker 1: upset over this whole deal when it was all said
Speaker 1: and done.
Speaker 12: Oh yeah, yeah.
Speaker 7: Can you imagine, just like, I don't care how much
Speaker 7: you don't like someone, but long as you're not like
Speaker 7: in your face all the time. To try to cut
Speaker 7: access for them to get to their house is crazy.
Speaker 7: Did they ever try to put up like a roadblock
Speaker 7: or anything to literally cut you off?
Speaker 8: Actually?
Speaker 1: Yes, Oh my god.
Speaker 12: I've been crossing this twelve foot strip since I was
Speaker 12: I'm fifty six. I've been doing it since I was
Speaker 12: three chez and on vehicle since I was a kid.
Speaker 12: And when I started doing that, they came over and said, no,
Speaker 12: this is private property. You can't cross this, and they
Speaker 12: were yelling at it. They went to the other neighbor
Speaker 12: and that person said, uh, no, I don't want you
Speaker 12: on a property. So actually you're excluded from your property
Speaker 12: and your landlocked.
Speaker 1: Hey, Mike, how long.
Speaker 12: I couldn't even go to my property but it's twelve
Speaker 12: feet from so much crazy?
Speaker 1: Mike. How long did it take?
Speaker 13: How long did this fight take from the time they
Speaker 13: first fricted your access and told it and what and
Speaker 13: and what did you do during those two years?
Speaker 1: They sounds like they blocked the road? Would you do?
Speaker 1: Just keep moving all their stuff?
Speaker 12: Well right, walking the road? Yeah, that little strip that
Speaker 12: spur of land that they own. Uh, they put up
Speaker 12: a log barricade somewhere. Can you seem like World War two?
Speaker 1: Right? So what I'm a tank trap? So so what
Speaker 1: did you do during those two years? Just go around it?
Speaker 18: Oh?
Speaker 12: I talked to the third neighbor that guts up to
Speaker 12: the bad neighbor, and they said, you may walk on
Speaker 12: my property walk only, but you can cross my property
Speaker 12: get to get yours?
Speaker 13: What your what about well? Oh what about your car?
Speaker 13: What if you are coming back from the grocery store.
Speaker 12: Oh, now this is undeveloped property that leaves on since
Speaker 12: nineteen sixty one, got it, and so my need is
Speaker 12: to get I have two boys now and this property
Speaker 12: goes to them, so it's my responsibility to get some
Speaker 12: type of easement for them. I never thought I had
Speaker 12: to go to court to get it.
Speaker 1: Yeah, I can't.
Speaker 7: I can't believe what jerk your neighbors are to be
Speaker 7: quite frank, just over your politics.
Speaker 1: That's that's absolutely insane.
Speaker 11: Man.
Speaker 12: Well, I don't know what their politics are, but they're
Speaker 12: they're acting like somebody who is extremely privileged and doesn't
Speaker 12: want to deal in the neighbor that's been there entity.
Speaker 12: I've been there in sixty one.
Speaker 1: It's crazy, man.
Speaker 12: The other guy has been there sixty eighties, and then
Speaker 12: the last neighbor maybe eight years.
Speaker 7: All right, Hey, Mike, we really appreciate that information. And
Speaker 7: he's one hundred percent right. Over the years, we've taken
Speaker 7: numerous calls, and I do know for a fact you
Speaker 7: cannot landlock someone in Colorado. We've had people try to
Speaker 7: land like people where they literally have a house which
Speaker 7: gets really insane where they had to call the sheriff
Speaker 7: in the middle of nowhere to get out there. And
Speaker 7: move a barricade in order to get to their own house.
Speaker 7: Just really crazy stuff like that, and it takes a
Speaker 7: long time. Hey, bad neighbors suck three o three seven
Speaker 7: one three eight two five five. Hey Arthur, you're gonna
Speaker 7: be next some kind of service issue?
Speaker 10: Hold tight, Go with a sure thing Denver's best roofer
Speaker 10: Excel Roofing dot com. You don't pay a cent until
Speaker 10: you're content. Time for an insurance check up free, no obligation.
Speaker 10: In comparison, call Compass Insurance paying too much your coverage
Speaker 10: at dozens of insurance companies find out now three oh
Speaker 10: three seven seven to one.
Speaker 1: Help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate Man dot com to list your
Speaker 10: home with Remax Alliance three oh three nine two zero
Speaker 10: sixteen twenty two.
Speaker 1: Hi three oh three seven one three eight two five
Speaker 1: five three oh three Martino?
Speaker 7: Where'd we leave off here? I'm going to hop back, Marco,
Speaker 7: where do you want to go? Arthur has been holding
Speaker 7: the longest. So Arthur, what is going on?
Speaker 1: What is his service issue?
Speaker 15: Hey?
Speaker 19: I'm going so I bought a pickup from a pretty
Speaker 19: big dealership here in Springs in January. This pickup's been
Speaker 19: in the shop three four times since then. I took
Speaker 19: it back to the dealership a couple of times. They
Speaker 19: said they couldn't find it. The first time they didn't
Speaker 19: look at it at all, gave me a print off,
Speaker 19: saying that what I was thinking was wrong with it
Speaker 19: was perfectly normal. The second time they finally looked at it,
Speaker 19: said that they couldn't find anything wrong with it. Said
Speaker 19: maybe I should think about taking it to Chevy. So
Speaker 19: I take it to the Chevy dealership. So I bought
Speaker 19: it a four dealership in the truck at GMC, take
Speaker 19: it to the Chevy dealership, and the Chevy dealership says,
Speaker 19: there's a vacuum pump issue with the brakes, there's a
Speaker 19: camshaft and lifter issue that need to be replaced.
Speaker 1: Hey, Arthur, what was the initial What was the initial issue?
Speaker 1: You were having.
Speaker 19: Everything The truck was knocking and the brakes were spongy.
Speaker 19: That's what initially started me. After I bought it, I
Speaker 19: was like, wait, okay, And then you went too, and
Speaker 19: it was dark.
Speaker 1: You went to one shop. I look at it too.
Speaker 8: Well.
Speaker 1: In the first shop you went too, said.
Speaker 19: We bought it from Correct.
Speaker 1: Yeah, and what did they say anything.
Speaker 19: Wrong with it? They said that the lead tech that
Speaker 19: looked at it didn't actually look at the truck. He
Speaker 19: said that what I was hearing, the lift, the knocking
Speaker 19: was normal, and he gave me some kind of a
Speaker 19: print out from the internet. Yeah, that was supposed to
Speaker 19: explain why it was normal.
Speaker 1: How long did you own the truck, Arthur.
Speaker 19: I've owned it since like January fifteenth.
Speaker 7: All right, so you pretty much bought the truck. You
Speaker 7: had problems with it pretty much right after you got it.
Speaker 7: You brought it back to where you bought it. They
Speaker 7: said there was no problem. They didn't feel the spongy brakes,
Speaker 7: and they said the noise was normal. Then you brought
Speaker 7: it over to a dealer, a Chevy dealer, Correct, and
Speaker 7: the Chevy dealer said you needed all this work.
Speaker 19: Correct. It's around fifteen grand in replacement in repair.
Speaker 7: Yeah, they're probably trying to upsell you on some stuff.
Speaker 7: But let's just talk about the spongy breaks.
Speaker 1: What is that?
Speaker 19: So it ended up being a master pump that was
Speaker 19: covered by warranty, So that's going to get replaced. But
Speaker 19: my issue is that the truck that I traded in
Speaker 19: for this truck was in perfect running conditions. Yeah, and
Speaker 19: this truck is completely just not what I pick. But
Speaker 19: hold on, it's luckily.
Speaker 1: Arthur, go ahead.
Speaker 7: Did you have it checked out before you bought it? See, Marco,
Speaker 7: this is one of the main things we deal with
Speaker 7: all the time. And this is for people listening, Arthur.
Speaker 7: I'm not trying to beat you up, but when you
Speaker 7: go buy a used vehicle, you get it, you drive
Speaker 7: it somewhere and you have someone like shared an Auto
Speaker 7: Tech or Kimera transmission, someone tear into it and make
Speaker 7: sure it's a decent vehicle.
Speaker 1: Did you do that?
Speaker 8: No?
Speaker 1: Okay?
Speaker 7: And when you bought this I understand you bought a
Speaker 7: service contract. As you said, the warranty was going to
Speaker 7: cover that brain booster, but you did buy it as is.
Speaker 1: Hold on. We dig into this all the time, Marco.
Speaker 1: People think when they.
Speaker 7: Buy a used vehicle as is and there's a problem
Speaker 7: with it, they didn't actually buy it as is. But
Speaker 7: the good news, Arthur is we do have good success
Speaker 7: rates on talking to use car dealers because we use
Speaker 7: a very loud bullhorn.
Speaker 10: Hold on, go with a sure thing Denver's best roofer
Speaker 10: Excel roofing dot com. You don't pay a cent until
Speaker 10: you're content. Time for an insurance check up free, no obligation.
Speaker 10: In comparison, call Compass Insurance paying too much your coverage
Speaker 10: at dozens of insurance companies find out now three all
Speaker 10: three seven to seven to one help. You'll think you're
Speaker 10: his only customer when you choose Frank durand the real
Speaker 10: estate Man dot com to list your home with Remax
Speaker 10: Alliance three all three nine two zero sixteen twenty.
Speaker 1: Ripped off.
Speaker 11: You don't have.
Speaker 18: As fast as we can.
Speaker 3: Shooter's gonna help coming.
Speaker 1: This is the Troubleshooter Show.
Speaker 6: No Tom Martine, Welcome, Welcome to the only show of
Speaker 6: it's kind.
Speaker 7: We're here to solve problems, answer questions, take complaints if you've.
Speaker 1: Been ripped off for just need advice.
Speaker 7: I got Marco Bendonelli with us attorney extraordinaire of course, Suzanne,
Speaker 7: my lovely wife to my left. We got Dragon just
Speaker 7: joined us. What's cooking over there? Dragon?
Speaker 1: Hi, buddy, I love it. And we got Kelly on
Speaker 1: the other side of the glass as Hello. Hello, how
Speaker 1: are you doing today? Kelly? I am doing wonderful. How
Speaker 1: are you good? What do you think of Marco? You
Speaker 1: like Marco, I like Marco, We love Marco. Marco is
Speaker 1: a great job. You know.
Speaker 7: There's a lot of attorneys out there, and I digress
Speaker 7: a little. If you we have two lines open. If
Speaker 7: you need some advice, need some help, you got a
Speaker 7: bad contractor a bad landlord, We'd love to help you out.
Speaker 7: Three oh three seven one three eight two five five
Speaker 7: three oh three Martino, Now Marco. A lot of attorneys
Speaker 7: almost never end up in court. I mean, like, let's
Speaker 7: just take personal injury in general. And I'm saying, let's
Speaker 7: just do auto accidents and auto accidents. I'm not talking
Speaker 7: a big one like a trucking accident. I'm talking most
Speaker 7: of the accidents out there.
Speaker 1: Almost none of them go to court, right, because the
Speaker 1: limits of insurance are so low, there's no that Basically
Speaker 1: the insurance company just pops up the dollars if it's.
Speaker 7: Twenty five or fifty thousand. I mean, is that true
Speaker 7: or not? How many literally go in front of a
Speaker 7: judge or a jury? Well, of the basic ones I'm
Speaker 7: talking about.
Speaker 9: Yeah, yeah, like with you know, thirty thousand dollars in medicals, yeah, right,
Speaker 9: like a smaller case, yeah, you.
Speaker 1: Know, ten thousand dollars worth, they're almost all settled, right, Well,
Speaker 1: depending on who your lawyer is. Yeah, okay, that's fair enough.
Speaker 2: You know, we do push back when you know, we
Speaker 2: make sure that the insurance company gets.
Speaker 1: Out of the insult range. Yeah, if they're an insult range,
Speaker 1: we're filing a lawsuit.
Speaker 9: And you know, because it's not only an economical decision,
Speaker 9: it's also a reputation decision.
Speaker 1: Got it.
Speaker 7: But if they're offering in most cases, if they have
Speaker 7: say twenty five thousand of insurance, and there's there's thirty
Speaker 7: forty thousand dollars in damages.
Speaker 1: Well that's different.
Speaker 7: Yeah, But I mean, what do you possibly do? You
Speaker 7: end up just taking the twenty five grand under most circumstances.
Speaker 2: And then you go to your own coverage, which is
Speaker 2: uninsured or underinsured motor if they have it, which is
Speaker 2: the most important.
Speaker 1: Piece on your personal auto insurment.
Speaker 7: I've yet to meet a personal injury attorney, including John
Speaker 7: fully that doesn't say that exact same thing. And people
Speaker 7: don't understand most important coverage people.
Speaker 1: People listen to this.
Speaker 7: You will pay all this money to ensure your own liability,
Speaker 7: meaning to ensure if you screw up. But if someone
Speaker 7: else screws up and hits you and only has a minimum,
Speaker 7: there's people out there that don't pay for that coverage,
Speaker 7: which is arguably more important.
Speaker 1: Because now you're talking about yourself.
Speaker 2: So I've been doing this for almost thirty years now, right,
Speaker 2: and I've seen some bad things, some sad things, oh yeah,
Speaker 2: some tragic thing yeah right. And what people don't understand
Speaker 2: is that UM coverage or that UM checked yep, money yep.
Speaker 1: That's the last money you're gonna see besides these security
Speaker 1: disability yep.
Speaker 7: For a lot of people, especially people life changing stuff.
Speaker 7: Imagine someone hits you with no insurance or only twenty
Speaker 7: five thousand and you.
Speaker 1: Lose both your legs exactly. I mean, the only money
Speaker 1: you're going to have that UM UM coverage.
Speaker 7: You've got to get a million dollars. You know, my umbrella,
Speaker 7: Suzanna and I have an umbrella, and I'm not going
Speaker 7: to go into limits and stuff, but it actually covers
Speaker 7: m as well.
Speaker 1: A lot of the umbrellas, don't.
Speaker 17: I know.
Speaker 18: You have to specifically look for that and request them,
Speaker 18: and it's very important if you get up to millions
Speaker 18: of dollars, that coverage is massive going back to you
Speaker 18: wake up and you have no legs and you've been
Speaker 18: in the hospital a month, and your entire life is
Speaker 18: upside down.
Speaker 10: You know.
Speaker 2: Unfortunately, you know when people learn this right when it's
Speaker 2: too late after an incident.
Speaker 1: Yeah, of course, of course.
Speaker 2: And so that's where the you know, the understanding begins.
Speaker 7: And they haven't updated to minimals in Colorado forever. You
Speaker 7: realize that twenty five thousand, why know, you know, it's
Speaker 7: like nothing. I mean, think about it. It doesn't even
Speaker 7: cover a new car at this point.
Speaker 2: Well, I mean that's a hospital. A hospital visits ten
Speaker 2: thousand dollars.
Speaker 7: I guarantee the car you're driving is over fifty thousand.
Speaker 7: And a lot of people are driving a car these
Speaker 7: days since COVID especially that's worth over fifty thousand. I'm
Speaker 7: not saying everybody that's that's not my point in this.
Speaker 7: But you get hit by somebody that's got minimum coverage,
Speaker 7: might you can't even get your car fixed anymore?
Speaker 2: Well you can't, Okay, I let I let a little
Speaker 2: silence go there.
Speaker 7: Yeah for drama. Yeah, I heard you did it work.
Speaker 7: I continued to do the silence for more drama.
Speaker 2: Okay, you did, so you could go and get your
Speaker 2: car fixed under your collision coverage. Might have the coverage
Speaker 2: if you but you have the coverage if your car's finance,
Speaker 2: because it's not.
Speaker 1: Your car, it's the car.
Speaker 7: You're correcting that or you should, or if you let
Speaker 7: that coverage lapse, what happens is a credit union or
Speaker 7: whoever forces that crappy insurance that only covers the.
Speaker 1: Bank, right, and the possess your car. Oh hell yeah
Speaker 1: they will if they got a big asset there and
Speaker 1: you know you're leaving it uninsured.
Speaker 7: Well they'll take your boat, your airplane if you're back
Speaker 7: on payments and don't have their asset ensured. Because when
Speaker 7: your car has a payment on it, I assure you
Speaker 7: that is not your car.
Speaker 1: That is the bank's car exactly. You can't sell it
Speaker 1: until you pay off the bank.
Speaker 2: So most people, because we've been brainwashed into thinking everyone
Speaker 2: should have a car payment as a nation, right, we're
Speaker 2: always one car behind what we can afford. Of course
Speaker 2: not true, but anyway, so most people will have collision coverage.
Speaker 2: So you get you know, you get your car fixed
Speaker 2: with your own carrier yep.
Speaker 7: And then then your own carrier well long as there's
Speaker 7: money on the other side is going to subrogate and
Speaker 7: try to get their money back. But if you're up
Speaker 7: at those maximum limits, no one's going to get their
Speaker 7: money back, right right.
Speaker 2: And you use the fancy word there, watch one subrogate, subrigate.
Speaker 7: It happens all the time. In fact, every auto accident.
Speaker 7: People don't don't realize this. A lot of people show
Speaker 7: up at the hospital. What do they do. They say, Oh,
Speaker 7: I've got health insurance, I've got Kaiser, or I've got whatever,
Speaker 7: it doesn't matter what you have. And you go through
Speaker 7: an auto accident and you get to the end of
Speaker 7: it and you used your health insurance the whole time, Well,
Speaker 7: your health insurance will end up getting reimbursed. They will
Speaker 7: actually subrogate against whoever was it at fault and get
Speaker 7: those bills done. And one of the things John Fuller
Speaker 7: has taught me, which is incredible, those bills can be massive.
Speaker 7: As far as an emergency room because it's a thunder dumb,
Speaker 7: I mean really really in an er can charge whatever
Speaker 7: the hell they want. There's no rhyme or reason. Now,
Speaker 7: I swear to god, ADDIE's accident listened to this. Marco
Speaker 7: thirty three thousand dollars. We were in there for an
Speaker 7: hour and a half right up here at Skyridge. She
Speaker 7: had an MRI, a cat scan, and then just the
Speaker 7: er fees thirty three thousand.
Speaker 1: That's a lot, all said and done.
Speaker 7: When the case was over and it was time to
Speaker 7: pay the piper and the subrogation was happening between the
Speaker 7: health insurance and the auto accident, John got those bills down.
Speaker 7: Listen to this man, it's like seven grand, which is
Speaker 7: like normal. I mean, that's what they should have been
Speaker 7: to belief. But and you get to keep the money.
Speaker 7: A lot of people don't realize that.
Speaker 1: Explain why that is. Explain why if you're my attorney.
Speaker 9: And there's a hospital bill lucky, first of all, and.
Speaker 7: There's a hospital bill for twenty thousand dollars okay, and
Speaker 7: you get the hospital to accept three thousand at the end,
Speaker 7: Explain to me why that's seventeen thousand we get to keep.
Speaker 1: Why is that? It's unlike any other issue I can
Speaker 1: think about.
Speaker 7: If I have a homeowner's claim on a couch, well,
Speaker 7: I guess really it is.
Speaker 1: It's replacement. But go ahead, explain why.
Speaker 2: Well, first of all, if you got a twenty. Let's
Speaker 2: say you got a twenty five dollars hospital bill. Yeah, okay,
Speaker 2: you can use the billed amount against the third party
Speaker 2: at fault.
Speaker 1: I know, defend it, I know.
Speaker 7: But even if it's only cost a fraction of that,
Speaker 7: you still get to keep that full of man.
Speaker 2: Oh right, Well, one of the reasons you get to
Speaker 2: keep it is because you had the foresight to have
Speaker 2: health insurance.
Speaker 1: Yeah.
Speaker 2: Because and so that is called the collateral source rule.
Speaker 2: And what that means is the person that hit you
Speaker 2: cannot benefit from anything that you purchased to cover that incident.
Speaker 7: Because, as you said, had the foresight to have health insurance.
Speaker 7: That can't benefit the guy at fault or the gallant.
Speaker 1: You get to claim the.
Speaker 2: Twenty and then you know, tell them with your insurance company,
Speaker 2: you did it greatly reduced.
Speaker 7: Let's go back to like hail damage on a house,
Speaker 7: because here's kind of where it's different. If I have
Speaker 7: hail damage at a house and I tell my insurance
Speaker 7: company I need a new roof, and they come out
Speaker 7: there and they agree I need a new roof, and
Speaker 7: the new roof is eighteen thousand dollars, and I get
Speaker 7: a check for them for eighteen. But then I go
Speaker 7: out and I find Jay Brats or someone to do
Speaker 7: my roof, and I only do it and somehow I
Speaker 7: get it done for ten grands. Technically I got to
Speaker 7: send back that a grant. Oh, bs man, that's almost
Speaker 7: insurance for hire me.
Speaker 13: So that insurance fraud is something else. That's like when
Speaker 13: you engineer a claim that didn't happen.
Speaker 7: No, nope, So listen, let me if you can get
Speaker 7: your roof done. In fact, Kelly, get Bryan Burns on.
Speaker 7: I love taking you guys to task because I know
Speaker 7: I'm right, but maybe I'm wrong. There has been a
Speaker 7: time or two in my life that I have been wrong.
Speaker 1: I don't know anyone.
Speaker 13: I don't know anyone who has not made money on
Speaker 13: homeowner's insurance claims.
Speaker 1: Oh my god, A lot of people don't hold on.
Speaker 1: We got to take a break hold on. I promise
Speaker 1: Dan and Don will come back to you Kelly soon.
Speaker 1: You can get Brian on real quick too.
Speaker 10: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 10: dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free, no obligation in comparison
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies.
Speaker 3: Find out now three all three seven seven to one help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate man dot com to list your
Speaker 10: home with Remax Alliance three all three nine two zero
Speaker 10: sixteen twenty two.
Speaker 1: All right, both three oh three seven one three eight
Speaker 1: two five five. If you haven't.
Speaker 7: Watched us on YouTube behind the scenes, you really need to.
Speaker 7: We talk about all different kinds of things. We're gonna
Speaker 7: get Brian Burns on and talk to him because that
Speaker 7: is insurance fraud. If it costs you ten thousand dollars
Speaker 7: to fix your roof and you have a ten thousand
Speaker 7: dollars receipt from the roofer and your insurance company overpaid
Speaker 7: you twenty you technically owe it. I know, I know
Speaker 7: you think I'm crazy. But we'll get the insurance guy
Speaker 7: on and then Dan. Dan's got a question, guys, what
Speaker 7: is Senate billt you seventy one?
Speaker 1: Anybody? Does anybody know what that is?
Speaker 3: Dan?
Speaker 1: What is it?
Speaker 4: Well is that if you've been convicted of a felony,
Speaker 4: you can still own a gun as long as it
Speaker 4: wasn't a victim's Rights Act of fence like murder, sex assault, stocking.
Speaker 1: Okay, what's your question about it?
Speaker 4: Can you still own a gun?
Speaker 11: Well?
Speaker 1: I can't. I can't suck down the bill that quick.
Speaker 1: But help me.
Speaker 7: Okay, this says Senate Bill to seventy one. This must
Speaker 7: be the wrong bill because this says clean up Provisions,
Speaker 7: which enacted recommendations of the Colorado Commission on Criminal in
Speaker 7: Juvenile Justice.
Speaker 1: I don't think this is it?
Speaker 18: Is it?
Speaker 1: Is it? So? What explain it? Marco?
Speaker 2: I mean, do you know, well, you know it was
Speaker 2: touted as you can still own a gun, and.
Speaker 1: We're gonna limit if you're a felon.
Speaker 2: Well, well we're gonna limit the crimes we're gonna limit,
Speaker 2: We're gonna narrow, make it more narrow to keep a
Speaker 2: gun from you.
Speaker 9: That was the way it was sold, right, So in
Speaker 9: other words, it seemed like a second.
Speaker 1: Amendment supported Second amendment.
Speaker 7: This is like what they did to double our property taxes.
Speaker 7: That said, hey, this bill's going to lower your property taxes,
Speaker 7: and people voted on it and their property taxes were doubled.
Speaker 1: So you're saying, AOKI doped us aoki do this. You
Speaker 1: got to read the footnote. So what's the final you
Speaker 1: can't own a gun?
Speaker 9: Well, actually, it expands the list of prior convictions that
Speaker 9: when you get a new conviction.
Speaker 1: That they can take your firearm, that they can take
Speaker 1: it away.
Speaker 2: So it's it's it's a double edged sword, and I
Speaker 2: would say the second edge is the worst one.
Speaker 7: Yeah, it always is, you know, it always is. This
Speaker 7: is the same state. Didn't did Polus I guess he
Speaker 7: didn't have to sign it. But did the bill go
Speaker 7: through with any gas fired?
Speaker 10: Oh?
Speaker 13: Yeah, yeah, that aspect the summer of next well, and
Speaker 13: of course what's going to happen.
Speaker 7: Hopefully it gets up to the Supreme Court fast. Well,
Speaker 7: but there's no way that's going to be upheld. I
Speaker 7: mean that that limits stuff. That's absolutely crazy.
Speaker 1: Yeah it is.
Speaker 13: But you know, the good news for us freedom loving
Speaker 13: Americans is that they're also already a number of very
Speaker 13: similar cases at the Supreme Court. Now that could change this,
Speaker 13: that could absolutely just just tank this this entire body
Speaker 13: of law.
Speaker 7: I don't trust one damn thing our legislation in Colorado
Speaker 7: does that thing. That thing with property taxes was crazy.
Speaker 7: They gave us like a little discount one year, and
Speaker 7: then the very next year mine doubled.
Speaker 1: It doubled.
Speaker 7: It was the craziest thing I've ever seen. I don't
Speaker 7: trust a damn thing they do in this stay not
Speaker 7: a damn thing.
Speaker 1: So very disappointing.
Speaker 7: So Dan, what's your opinion on it? If you read it,
Speaker 7: I mean, it sounds like it's just another no, you
Speaker 7: can't have a gun. It sounds like, from what you
Speaker 7: were saying, Marco, there might be some exclusion for something
Speaker 7: very very strange or something.
Speaker 1: Well, they're the first time.
Speaker 2: Offenses that would prevent you from a fire Give me
Speaker 2: one that possibly that you wouldn't you you wouldn't have
Speaker 2: been able to own a firearm, and now you can.
Speaker 1: I don't know.
Speaker 7: I mean, it's not going to be anything like domestic
Speaker 7: violence or bank robbery.
Speaker 1: Oh no, that's maybe a d UI, maybe a felony
Speaker 1: d UI. Maybe maybe a felony DUI.
Speaker 7: But if you but if you get into trouble again,
Speaker 7: the chances of them taking your gun are now much
Speaker 7: higher than they were exactly because.
Speaker 1: They they it's almost like they can reach back.
Speaker 9: Yeah, I got you, and and you know, and bring
Speaker 9: a new sum to the table.
Speaker 1: Dan, does that help your question at all a little bit?
Speaker 4: What about if someone got caught trying to buy like
Speaker 4: two pounds of pot and it was a felony.
Speaker 1: I have no idea. I mean, my god, can't you
Speaker 1: go in and buy two pounds of pot right now?
Speaker 9: So?
Speaker 1: Allow would someone do that? Yeah?
Speaker 7: I mean like literally, I mean I guess you can
Speaker 7: only buy a certain amount.
Speaker 13: But I think Dan is probably talking about before pott
Speaker 13: was legalized, and you have a connection for buying two,
Speaker 13: so Dan, so I believe that person would still be
Speaker 13: prohibited regardless of one.
Speaker 7: So in criminal defense, that's interesting what you said. You've
Speaker 7: done criminal defense, Marco.
Speaker 2: I have a full time lawyer that works for me,
Speaker 2: but that's criminal So I'm not I'm not an expert,
Speaker 2: but I'll answer your question.
Speaker 7: Yeah, Well, think about this if if buying dope or yeah,
Speaker 7: if buying dope was illegal, not selling it, but buying
Speaker 7: it was illegal. And I assumed twenty years ago in
Speaker 7: Colorado if either end of the transaction you were on
Speaker 7: you might go to jail.
Speaker 1: In Texas, I know you would have went to jail. Well,
Speaker 1: if it's a felony, well, yeah, regard well in Texas.
Speaker 1: So whatever.
Speaker 7: I want to get out of the lane here. My
Speaker 7: point is if you broke the law, but since then
Speaker 7: the law completely changed where buying marijuana is not illegal.
Speaker 7: I mean, would that actually be a strike hold on Dan?
Speaker 7: I mean, can they go back and use that under
Speaker 7: this law? That's what Dan's asking.
Speaker 2: So the answer is I don't know, yeah, because I
Speaker 2: haven't read the bill in detail.
Speaker 9: What I'm telling you is though that it was touted
Speaker 9: as you know, supporting gun owners, you know, Second Amendment,
Speaker 9: but the people that fought it were really the Second
Speaker 9: Amendment advocates.
Speaker 1: Yeah, I got you.
Speaker 2: So I don't know the details of it, but what
Speaker 2: I know is it was getting sold to Bell of Goods.
Speaker 1: It appears it sounds Dan, I mean, you're going to
Speaker 1: have to go read it.
Speaker 7: Does this have to do with you directly? Did you
Speaker 7: actually buy two pounds of dope allegedly?
Speaker 4: Did what?
Speaker 10: Now?
Speaker 1: Did you buy dope? You said dope? Marijuana? Did you
Speaker 1: buy some years ago?
Speaker 4: Or what pounds of marijuana? I know a guy that did,
Speaker 4: and he says it's okay for him to have a gun.
Speaker 7: Now, Yeah, maybe he can. That's very possible. I mean,
Speaker 7: my god, this state can go buy marijuana all the time.
Speaker 1: I would call. In fact, I bet if you called.
Speaker 7: Over to Marco's guy there right, or called Joseph Flu's era,
Speaker 7: call a criminal defense attorney if it's a question.
Speaker 1: But I'll tell you this, if you're not sure if
Speaker 1: you should have a gun or not, that means you
Speaker 1: shouldn't have one. You probably shouldn't have one.
Speaker 13: And by the way, the gentleman that Dan is referring
Speaker 13: to with a two pound alleged purchase, it's not the
Speaker 13: fact that what he did back then is legal now.
Speaker 13: It's the fact that he has a felony conviction that
Speaker 13: makes him a prohibited person for the purposes of exercising
Speaker 13: his second Amendment.
Speaker 1: Right.
Speaker 7: That's what I was asking Marco is that if I
Speaker 7: don't care if it's marijuana, I don't care what the
Speaker 7: law is. But if the law is changed to where
Speaker 7: something that was illegal is now not illegal and you
Speaker 7: had a conviction of it, does that still count as
Speaker 7: a strike you.
Speaker 2: So the answer is yes, okay in a lot of cases.
Speaker 2: But if you want specifics, you need to invite me
Speaker 2: back soon.
Speaker 1: With the guy. Can you schunge it?
Speaker 7: Answer is that something a criminal defense attorney could get
Speaker 7: expunged because now it's not.
Speaker 1: Illegal, but you got to pay for it and go
Speaker 1: through the hoops.
Speaker 9: You know.
Speaker 1: A sponge is an interesting word. Yeah, okay, because you know, maybe.
Speaker 2: Some employers, you know, they run a criminal background and
Speaker 2: it doesn't show up, right.
Speaker 1: Yeah, but I'm not so sure that takes it off
Speaker 1: the CBI.
Speaker 11: You know.
Speaker 1: No, but once again, does account as a strike. I'd
Speaker 1: love to know the answer. Yeah, if it's a felony
Speaker 1: conviction that stays on your record until it's expunged, yeah,
Speaker 1: so you'd have to now.
Speaker 7: But then it goes to my question, something like this
Speaker 7: with marijuana. And here's the deal though, what did he
Speaker 7: say two hundred pounds when he pounds? Well, I don't
Speaker 7: think you can buy two pounds, actually, I think legally
Speaker 7: you can only buy announcer or something. Scott you would know.
Speaker 13: But it doesn't matter because in this very very narrow
Speaker 13: case that damn called about, Yeah, it was a conviction
Speaker 13: for two pounds. Yeah, and that's a felony and so yeah,
Speaker 13: maybe today you can Even if you could buy two
Speaker 13: pounds legally today, it doesn't change the fact that this
Speaker 13: poor man was convicted of felony.
Speaker 1: But he could probably. I'm saying he could probably get
Speaker 1: it off his record. Well, I have no idea that
Speaker 1: would be.
Speaker 13: When Marco returns on Monday, it would be great to
Speaker 13: get his criminal associate's opinion on how hard it would
Speaker 13: be to expunge it and how much that would cost
Speaker 13: and what the odds are. But I can tell you
Speaker 13: there are a lot of federal cases that are working
Speaker 13: their way through the system now that will make it
Speaker 13: legal for non violent felons to restore their Second Amendment right.
Speaker 1: I think that's without expungement. That's a wonderful thing.
Speaker 13: Because there's a guy, there's a case of the Supreme
Speaker 13: Court right now. A guy was convicted in the seventies
Speaker 13: for food stamp fraud, food stamp fraud, stamp fraud because
Speaker 13: he understated his income on a food stamp application in
Speaker 13: nineteen seventies. It and he isssuing the Feds to restore
Speaker 13: his Second Amendment rights. So that is very advanced right now,
Speaker 13: and it will have national implications.
Speaker 1: They will, they will the Supremes here this year.
Speaker 13: Uh, I don't know, it's it's it's it's either if
Speaker 13: they're either petitioned for third or it's just about to
Speaker 13: be petitioned first.
Speaker 1: All right, three oh three seven one three a two
Speaker 1: five five. Don you're up next.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 10: dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Wait time for an insurance check up free, no obligation
Speaker 10: in comparison, call Compass insurance paying too much your coverage
Speaker 10: at dozens of insurance companies find out now three oh
Speaker 10: three seven seven to one.
Speaker 1: Help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate Man dot com to list your
Speaker 10: home with Remax Alliance three oh three nine two zero
Speaker 10: sixteen twenty two.
Speaker 7: All right, three oh three seven one three eight two
Speaker 7: five five. By the way, I do want to update
Speaker 7: everybody on Tom real quick. We get a different audience
Speaker 7: all the time.
Speaker 1: Tom.
Speaker 7: The reason he's been in and out for a while
Speaker 7: on the show this year is he had pancreatic cancer
Speaker 7: and he had surgery yesterday and the cancer is officially
Speaker 7: out of him, and he is on.
Speaker 1: He's in the recovery stage.
Speaker 7: It's going to be a little bit before he's back constantly,
Speaker 7: but he's at the best point he is. That three
Speaker 7: percent we hear about think about that three percent. Three percent.
Speaker 7: The cancer didn't spread, the surgeon got every bit of
Speaker 7: it out of there, and he's going to be back
Speaker 7: to normal soon. So if anybody's been wondering why things
Speaker 7: have been a little different, if you've been listening to
Speaker 7: the show for a long time, now you get the idea.
Speaker 7: I have the entire story, though, if you want to
Speaker 7: hear it. The first segment of the show from January third,
Speaker 7: where he told us, Suzanne and I about what was
Speaker 7: going on.
Speaker 1: He was on a.
Speaker 7: Trip back from Hawaii all the way through the surgery
Speaker 7: yesterday that was extremely successful, and we are so and
Speaker 7: we are so blessed that Tom is going to be
Speaker 7: in our lives for a long time and I can
Speaker 7: continue to aggravate him a lot.
Speaker 1: If you listen to the show, you know what I'm saying.
Speaker 7: So if you want to hear the entire story, and
Speaker 7: it really is, it's a very scary story. When we
Speaker 7: were talking about it's very emotional. In fact, most of
Speaker 7: the crying Suzanne and I have done about time has
Speaker 7: been very you know, very negative, very worrisome about the
Speaker 7: entire thing up until the call from him literally this morning.
Speaker 7: And if you want to hear about that, go to YouTube.
Speaker 7: Type in Troubleshooter Network.
Speaker 1: When the show's over and this show's posted, go back
Speaker 1: and just listening to the beginning of the show.
Speaker 7: It's a heroic story. If you're religious, I mean to us,
Speaker 7: it's a miracle. Three percent of anything. It's like winning
Speaker 7: the good lottery, not the bad lottery. It's a horrible
Speaker 7: thing when you google it. But everything's kosher. Man, everything's
Speaker 7: cool as he gets. Now, let's do this three l
Speaker 7: three seven one, three eight two five five on what
Speaker 7: is going on? It says you have a foot issue.
Speaker 7: You're working with deputy doc. Give me a little more information.
Speaker 20: Yes, well, I went to Bunyon Cure Center in Little Ten.
Speaker 7: I think I remember this. And what did Bunyan Cure Center?
Speaker 7: Didn't they charge you quite a bit of money? What
Speaker 7: did they do?
Speaker 20: Well, they were supposed to fix my because my toes
Speaker 20: were kind of crooked, yeah, and uncomfortable. And then I'm
Speaker 20: in Loveland and I belonged to Banner Health and the
Speaker 20: Banner Health doctor told me that he was going to
Speaker 20: have in my right foot, he was going to have
Speaker 20: to remove my second toe.
Speaker 8: Oh my god, to clear.
Speaker 20: Up my feet, and I disagreed with that. So then
Speaker 20: I talked to Banner or Bunyon Center and they said, oh, no,
Speaker 20: we can fix it. So they did their procedure and
Speaker 20: it seemed like it was okay now and it.
Speaker 7: Was actually paid. If I recall by insurance, your insurance
Speaker 7: covered it, right.
Speaker 20: Most of it?
Speaker 1: Yeah, covered most of it.
Speaker 7: But just because of the timeframe we have, if I recall,
Speaker 7: the surgery was not successful.
Speaker 20: No, And it seemed like it was pretty good at first,
Speaker 20: but then now my right foot is worse than it
Speaker 20: was before. And your doctor tried to call him, they
Speaker 20: wouldn't talk to him.
Speaker 1: Yeah, there's a lot of stuff with hippa.
Speaker 7: If I was a doctor, I mean, I better have
Speaker 7: a hippo form sign and people in front of you.
Speaker 1: It's terrifying to even think about.
Speaker 20: But the foot guy is not a doctor. Yeah, he's
Speaker 20: just a foot guy.
Speaker 7: It doesn't matter that hippa still falls under that. But
Speaker 7: don what is your your goal is to what? Why
Speaker 7: can't you go to another doctor now and try to
Speaker 7: get it fixed. Are you saying your insurance won't cover
Speaker 7: it now?
Speaker 20: No, I'm sure I don't know about that.
Speaker 15: But my foot is.
Speaker 20: I'll send you a picture of my foot and tell
Speaker 20: you how bad it is.
Speaker 1: You know what.
Speaker 7: I do want to see a picture of it, but
Speaker 7: I'm trying to figure out here.
Speaker 20: I'll send it to you.
Speaker 7: Don and Kelly will get that email, give you an
Speaker 7: email to send it.
Speaker 1: I do want to look at it. I might even
Speaker 1: if you don't mind, I might even put it up
Speaker 1: on YouTube so people can see it.
Speaker 20: But my foot is way worse than it was before.
Speaker 7: Okay, don but hold on, don don don don don
Speaker 7: please Here here's where I want to try to go
Speaker 7: with this to try to get you some help. So
Speaker 7: why don't you go to a different doctor, get a diagnosis,
Speaker 7: and then get it fixed?
Speaker 1: Is there? Why not do that? Why just forget about
Speaker 1: this guy?
Speaker 20: No, because they can't fix it because it's worse than
Speaker 20: it was before.
Speaker 7: So you're saying this guy caused Wait, you're saying this
Speaker 7: guy caused so much damage that now you're in worse
Speaker 7: You're in a worse position, and that they couldn't even
Speaker 7: fix it if they want to, even a different a surgeon.
Speaker 1: Okay, hold on, and Marco, I'm going to bring this
Speaker 1: up to you.
Speaker 7: You've done medical malpractice because I think maybe that's where
Speaker 7: he's going. I'm not quite sure where he's going. And
Speaker 7: we'll talk about that and a lot more right after this.
Speaker 10: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 10: dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Wait time for an insurance checkup free, no obligation. In comparison,
Speaker 10: call Compass insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three all three seven
Speaker 10: to seven to one.
Speaker 1: Help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate Man dot com to list your
Speaker 10: home with Remax Alliance three oh three nine two zero
Speaker 10: sixteen twenty two.
Speaker 7: All right three four seven one three eight five five.
Speaker 7: Susanna and I were going up to visit Marco like
Speaker 7: how long ago?
Speaker 1: Was happy.
Speaker 2: That was a Memorial Day weekend of twenty twenty four.
Speaker 1: Yeah, a blast. Yeah.
Speaker 7: We hadn't seen him for a while, and he reached
Speaker 7: out and he said, well, come on up to Evergreen,
Speaker 7: let's have lunch and do whatever. So we head up there.
Speaker 7: We just start heading up the hill at I seventy
Speaker 7: up towards Evergreen. We get a call from Marco. Hey,
Speaker 7: can you give me a ride to my house too?
Speaker 7: I'm broken down in the middle of the highway.
Speaker 1: So sure enough, he was broken down, had a flat tire,
Speaker 1: and a lot of these cars you have now don't
Speaker 1: have spas. They simply don't have it. But that's right.
Speaker 1: But I've got to tell you something that was baffling
Speaker 1: to me. I know what it was. Marco's a smart guy.
Speaker 13: Yeah, and you said, god you Marco bought a brand
Speaker 13: new Rolls Royce and it didn't come with a spare tire.
Speaker 1: No, no, listen to this. It did have a spare tire.
Speaker 7: Actually, the funny part is it did have a one
Speaker 7: hundred percent useless spare tire with the vehicle.
Speaker 1: Do you know what I mean. It's a little bit
Speaker 1: of trivia. So my guess any it was out of air.
Speaker 7: Nope, it was not at air. It couldn't hold air hair.
Speaker 7: I'll give you a clue.
Speaker 1: He literally had a tire in the car without a rent.
Speaker 1: He had a tire. This is the same man that
Speaker 1: had three jury verdicts, more than anybody in the state
Speaker 1: of Colorado, ever, multimillion dollar verdicts in what period of
Speaker 1: time mister bendonellie. Oh look at that. Look, oh, look
Speaker 1: at that. No, I mean I do. I sometimes make decisions,
Speaker 1: you know.
Speaker 2: I grew up poorn, right, yes, and you know we
Speaker 2: had to get a dollar fifty out of every dollar,
Speaker 2: you know, And so I picked up a nail and
Speaker 2: I kept filling the tire for a couple of days,
Speaker 2: and then I went down and I bought a new tire.
Speaker 1: And I was gonna, really if you do not picked
Speaker 1: me up on the side of the highway.
Speaker 2: Yes, when you got to my house, I was going
Speaker 2: to ask you to drive me down to discount or.
Speaker 1: You know it hadn't put out and get the new
Speaker 1: tire put on a rim.
Speaker 7: So he bought a tire from like one of these
Speaker 7: websites or something.
Speaker 1: Like tire rack.
Speaker 11: Right.
Speaker 7: Yeah, he found the tire cheaper than anywhere and had
Speaker 7: it shipped to him, and he kept the tire in
Speaker 7: the back of his car for how long?
Speaker 1: Go ahead, for how long? I mean you know, a
Speaker 1: couple months? No?
Speaker 2: No, no, But see that tire that I kept filling up.
Speaker 1: Yes, it was a run flat. Yes, which when you
Speaker 1: get a flat, you've got about fifty miles to get
Speaker 1: somewhere to get it hun fifty on it. Yeah, on
Speaker 1: the road. He finally just blew the tire up on
Speaker 1: the side of the highway. And I look in the
Speaker 1: back and I was.
Speaker 7: Baffled that anybody would have a spare tire that wasn't
Speaker 7: on a rim, just a tire in the back seat.
Speaker 13: Sounds like Marco took the term spare tire too literally,
Speaker 13: too literally.
Speaker 1: You're supposed to have a spare rim and tire.
Speaker 7: I digress, Don, Don, Let's get back to your foot issue.
Speaker 7: I want I want to talk to Marco about this. Marco,
Speaker 7: when we talk about medmouth a couple things. One, Don,
Speaker 7: if you truly wanted to go after this guy, he
Speaker 7: would have to find another professional in the foot world
Speaker 7: that would say that this guy did a horrible job
Speaker 7: on his foot and it should have never been done
Speaker 7: that way.
Speaker 1: Is that correct? That's correct. You can't file a medical
Speaker 1: practice case certificate.
Speaker 20: The money. It ain't about the money.
Speaker 1: What's it about, Don to help me?
Speaker 20: It ain't about the money.
Speaker 1: What's it about, Don?
Speaker 20: I spent money my whole life, Don.
Speaker 1: What if it's not about the money, what is it about?
Speaker 1: Help me?
Speaker 3: Don?
Speaker 1: What is it about Okay, man, why haven't you gone
Speaker 1: to another doctor?
Speaker 7: I don't know what to tell the guy. I mean,
Speaker 7: am I crazy? If you want to hold on, that's fine.
Speaker 7: I mean we've got to go to this break. I've
Speaker 7: got an attorney here that's done medmal. If you want
Speaker 7: to talk about that and it's not about the money,
Speaker 7: that's fine. We can do whatever you want. I don't
Speaker 7: understand why you don't find another doctor or a surgeon
Speaker 7: that can fix it if it's going to be covered
Speaker 7: by insurance.
Speaker 1: That and a lot more coming up.
Speaker 10: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 10: dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three o three seven to
Speaker 10: seven to one help. You'll think you're his only customer
Speaker 10: when you choose Frank durand the real estate Man dot
Speaker 10: com to list your home with Remax Alliance three oh
Speaker 10: three nine two zero sixteen twenty two. So you don't have.
Speaker 18: Running just as fast as we can.
Speaker 1: Shooter's gonna help, Come.
Speaker 6: Max it's the Troubleshooter Show. No Tom Martine.
Speaker 1: I don't know who wrote that song, but what a
Speaker 1: great song.
Speaker 2: You know you're back listening to The Troubleshooter Show, Home
Speaker 2: of the Consumer Advocate Tom, where Tom Martino is the
Speaker 2: people's champion. For forty five years, Tom has been answering questions,
Speaker 2: taking complaints, and solving all of your problems. Now, this
Speaker 2: is a voice you probably haven't heard before because I've
Speaker 2: never done this before.
Speaker 1: My name is Marco Bendinelli.
Speaker 2: And I am I have a law firm in Tom,
Speaker 2: the Bendanelli Law Firm, and we are a personal injury
Speaker 2: law firm. And however, in my role here, you don't
Speaker 2: call with personal injury questions. I mean you can, but
Speaker 2: you call for any consumer advocate problem you are having
Speaker 2: because that's what we do here. For forty five years,
Speaker 2: Tom has been recovering millions and millions.
Speaker 1: Of dollars literally, and that is.
Speaker 2: For that came back in the form of cash, merchandise
Speaker 2: or services. So now, now, if you have a problem
Speaker 2: three oh three Martino. If you haven't got a phone,
Speaker 2: I don't know where you're living, but maybe you want
Speaker 2: to email, email us help at troubleshooter dot com. Help
Speaker 2: at troubleshooter dot com. So what do we have on
Speaker 2: desk here, mister Major?
Speaker 7: That was pretty good, Marco Au thoroughly impressed. Yeah, we
Speaker 7: love so Honestly, guys, we love having Marco in. We're
Speaker 7: trying to strengthen our bench a little bit. And what
Speaker 7: I mean by that is we're going to have John
Speaker 7: Fuller in a couple of days. And generally part of
Speaker 7: the rule of a talk show you never tell people
Speaker 7: when someone else is going to be in. But when
Speaker 7: we have attorneys in, I feel pretty comfortable about it.
Speaker 7: I love giving people advice and I love when Tom
Speaker 7: and I have attorneys in like Marco. Some of the
Speaker 7: stuff Marco has done that we're going to talk about,
Speaker 7: uh is pretty amazing. But we do have open lines
Speaker 7: first time, and I would love some calls because I
Speaker 7: need to teach Marco the phones. So three oh three
Speaker 7: seven one three A two five five three oh three Martino.
Speaker 7: Any questions you have, Marco, you have a caso in
Speaker 7: Los Angeles. I do explain to all of us how
Speaker 7: that became. You live here in Colorado, You've practiced in
Speaker 7: Colorado for a long time. How did you end up
Speaker 7: with the case in California, and a couple questions on that.
Speaker 7: Number one, I don't even understand why. I didn't realize
Speaker 7: you could not pass the bar in California but still
Speaker 7: practice law there. So that's a secondary thing. But tell
Speaker 7: us about the case you took.
Speaker 2: Well, first of all, you get you get admitted in
Speaker 2: another jurisdiction through a motion that a state attorney files.
Speaker 2: In other words, I have to get a California lawyer
Speaker 2: to file.
Speaker 1: Emotion, oh almost like on your behalf right, and so
Speaker 1: saying pro hack VICI, pro hack VICI. Yes, three words
Speaker 1: is Latin.
Speaker 2: Don't ask me what they mean, but I think it
Speaker 2: means something like one case at a time, so I
Speaker 2: can get admitted in another jurisdiction one case at a time.
Speaker 1: And I've done that. You know, I practice all over
Speaker 1: the country. But basically what you're saying, though, is someone
Speaker 1: has to vouch for you. Well, you get local co console.
Speaker 2: I mean you have to, though I don't think they
Speaker 2: peaky square or anything, but you have to.
Speaker 1: Yes, you have to.
Speaker 2: You have to get a license Attorney's a foul emotion,
Speaker 2: but really, if you've been practicing for more than five years,
Speaker 2: and you're in good standing, you know. For example, I'm
Speaker 2: in good standing.
Speaker 9: With the Colorado Bar Association, right, Yeah, so they'll check that.
Speaker 1: And if you're in good standing and you've.
Speaker 2: Got a motion for pro hac VICI, there's no reason
Speaker 2: that they would deny it.
Speaker 7: So the only thing I know about this is a
Speaker 7: movie called My Cousin Vinnie. He's not my cousin, Yeah,
Speaker 7: And he went and practiced alongside a Herman Munster and
Speaker 7: basically I think it was Joe PESHI wasn't it and.
Speaker 1: It was a great movie.
Speaker 7: But he went from New York and was practicing somewhere else,
Speaker 7: and they kept trying to look him up on the bar.
Speaker 1: But I don't think he even passed the bar yet.
Speaker 7: But I didn't realize you had to have another council,
Speaker 7: so that guy will be with you or that woman
Speaker 7: will be with you.
Speaker 2: In the trial the whole time, you know, not necessarily.
Speaker 2: So when I went out there, which was just this
Speaker 2: past weekend, yeah, we were talking, right, and uh, I
Speaker 2: was interviewing lawyers. So it's not like I'm getting someone
Speaker 2: to do me a favor. Yeah, I'm interviewing them. You
Speaker 2: need someone out there, Well, well.
Speaker 1: I need to know that they know what they're doing. Oh,
Speaker 1: I see what you're said. They practice like I practice.
Speaker 2: Now, if I would have just wanted a referral fee,
Speaker 2: which is not ethical in Colorado, but it is ethical
Speaker 2: in most other states, which is you know, confounding. You know,
Speaker 2: depending on what city you're in, it's ethical or it's unethical.
Speaker 1: Yeah, I gotcha.
Speaker 2: But anyway, if I wanted a referral fee, you know,
Speaker 2: I could just refer the case. And you know, I
Speaker 2: want to take the depositions, want to I want to
Speaker 2: do the discovery.
Speaker 1: I am coming.
Speaker 2: After these people. They killed this kid. They murdered the
Speaker 2: young man.
Speaker 1: Killed the kid. Let's get to the meat of it.
Speaker 2: The two off duty LAPD Los Angeles Police Department. They
Speaker 2: were two off duty cops serving as they were moonlighting
Speaker 2: doing some security work for the Metro Transit Authority at MTA.
Speaker 1: And so they they're on the train down.
Speaker 2: In the subway and my the decedent, the guy that
Speaker 2: they shot and killed and killed, he was mentalalial Okay,
Speaker 2: he has some he has some problems. Right, So, prior
Speaker 2: to them getting the in the station, he pulls the
Speaker 2: emergency stop.
Speaker 1: Okay, he has some paranol on the train. Yeah, okay,
Speaker 1: so a tussel w ensues. Not with these is it
Speaker 1: with these off duty officers, Yes, got it. Tussel windsues.
Speaker 2: Uh, he runs into an area's trying to get away
Speaker 2: from him. So he runs into an area that's not public,
Speaker 2: right down the subway, like the wrong way.
Speaker 1: You know, there's probably what you know, I haven't seen
Speaker 1: the footage yet, but.
Speaker 2: I'm assuming it's like a you know, twelve foot that
Speaker 2: the train rolls by, but you know, it's a platform,
Speaker 2: but it's not public.
Speaker 1: So he runs out there.
Speaker 2: They get him again. They pepper spray him, and he
Speaker 2: goes to the ground. I guess when they pepper sprayed him,
Speaker 2: and he poured out a.
Speaker 9: Pocket knife, oh boy, and he swung it and he
Speaker 9: caught one of the guards in the leg.
Speaker 1: And then that's when they let him up. No, then
Speaker 1: he so he got away again. Right now.
Speaker 2: It was just a flesh wound. I mean, the guy
Speaker 2: didn't require an ambulance. I mean, you know, later on,
Speaker 2: after they killed him, he walked across the street to
Speaker 2: the hospital.
Speaker 1: So you know, it was a pocket knife. It wasn't
Speaker 1: a bad cut.
Speaker 2: But anyway, so he runs again and he's going up upstairs,
Speaker 2: you know, still non public, and there's things up there
Speaker 2: that you can open and get out on the street. Right,
Speaker 2: And so originally the story was that he turns around
Speaker 2: with his pocket knife and lunged at these off duty cops,
Speaker 2: got it, and that's when.
Speaker 1: They shot him. That was the story. The video shows different.
Speaker 2: I don't have the video yet, but I got the
Speaker 2: coroner's report which shows that was gunshot. There was two
Speaker 2: gunshot wounds. Gunshot one gunshot two gunshot. One hit him.
Speaker 9: Just above the buttocks, got it so the back and
Speaker 9: exited his shoulder.
Speaker 1: Wow, So what does that mean? Means he was shot
Speaker 1: in the back basically, and he was shot up Oh yeah, yeah, yeah,
Speaker 1: of course, right, the trajectory he had to be above them.
Speaker 1: So what was two?
Speaker 9: Two was another one from a different angle, but still
Speaker 9: entered around the same area and the trajectory was the same.
Speaker 1: So it was the other cop got it.
Speaker 2: You know, once are shooting the other one, you know,
Speaker 2: takes liberties, I guess.
Speaker 7: So you got to see the evidence and basically kind
Speaker 7: of that's the next step.
Speaker 1: You got to see what's going on. I mean, we
Speaker 1: know they lied. Now we'll say that again, we know
Speaker 1: they lied. It's it's in the coroner's report. It's their
Speaker 1: narrative and then his findings.
Speaker 9: Right, so one document shows inconsistence.
Speaker 7: Well they have because they were off duty. They probably don't. Honestly,
Speaker 7: they probably don't have any kind of not a dash
Speaker 7: can but a.
Speaker 9: Human body candy. We're hoping they do. We're hoping that
Speaker 9: they're subway footage. Yeah, we want obviously, and.
Speaker 2: You're probably a subway footage maybe, but it's in a
Speaker 2: non public area, so we're not sure what we're going
Speaker 2: to get. What we got so far upon inquiry without
Speaker 2: a lawsuit pending, was he runs at us, we shot him.
Speaker 1: Wow.
Speaker 2: Okay, so that's that's where we are. And I don't
Speaker 2: want to take up too much.
Speaker 7: Time, but it's interesting as hell. Let's take a quick break.
Speaker 1: Let's do that. We'll be right back after this.
Speaker 10: Go with a sure thing Denver's Best Roofer Excel roofing
Speaker 10: dot com.
Speaker 3: You don't pay a cent until you're contenth.
Speaker 10: Time for an insurance checkup free no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three oh three seven seven
Speaker 10: to one help. You'll think you're his only customer when
Speaker 10: you choose Frank durand the real estate Man dot Com
Speaker 10: to list your home with Remax Alliance three oh three
Speaker 10: nine two zero sixteen twenty two.
Speaker 2: Black Ass, The Trouble Shooter Show, The Tom Martino Show,
Speaker 2: and this this is Marco Bendonelli. I am privileged to
Speaker 2: be filling in for Tom and Mark. And even though
Speaker 2: I'm right here, even though Mark is here, he told
Speaker 2: me to say I was filling in for both.
Speaker 1: You're getting used to it.
Speaker 2: I didn't quite understand why, but I just did what
Speaker 2: I was told.
Speaker 1: Okay, hey, it looks like we got Brian Burns up.
Speaker 2: We do, and you know what, Pete. Pete's on the
Speaker 2: line too. Pete, can you just hold on. You got
Speaker 2: a question about a tire issue.
Speaker 1: On a Tesla and we will get to you.
Speaker 2: But right now we've got an expert and a shorts expert,
Speaker 2: Brian Burns. What we were talking about earlier is when
Speaker 2: you get a quote for your roof and it's twenty
Speaker 2: five thousand dollars, if you can get it done for.
Speaker 1: Ten, mister Major says you're not allowed to do that,
Speaker 1: you can't keep the extra money. So Brian, is he
Speaker 1: up that you hit the button?
Speaker 17: Well?
Speaker 1: No, how do I do that? Here? Hey, Brian?
Speaker 7: So here here what's the premise of the conversation we
Speaker 7: had last hour. If Excel Roofing comes out, tells me,
Speaker 7: or it tells my insurance company it's a twenty five
Speaker 7: thousand dollars roof and they start doing it and it
Speaker 7: only turns out to be fifteen thousand. But I got
Speaker 7: a twenty five thousand dollars check from my insurance company?
Speaker 1: Can I just keep the money? Is that? Is that
Speaker 1: a fair enough way to state a gentlemen? Yeah, I
Speaker 1: would say yes.
Speaker 16: I would tell you that's not usually how it works.
Speaker 16: Almost ninety nine percent of the time I would say
Speaker 16: that's not how it works. They'll go they're going to
Speaker 16: give you a check for actual cash value, and so
Speaker 16: they're going to give you a much lesser check than
Speaker 16: the twenty five thousand dollars. They're going to give you
Speaker 16: depreciated value. And then once you get the roof replaced,
Speaker 16: you send them the receipt.
Speaker 7: And the receipt from Excell would show fifteen thousand, and.
Speaker 16: Then that's all you're getting. You're going to get made
Speaker 16: whole up to that fifteen minus you're deductible of course,
Speaker 16: so it's not really something that happens very often.
Speaker 1: I guess.
Speaker 7: I guess to clarify, the actual question would be this
Speaker 7: if if you have an insurance claim and they pay
Speaker 7: you X amount of money, I don't care what exes,
Speaker 7: we'll use twenty five thousand, and you have all the
Speaker 7: repairs done for less when you turn in all those receipts. Now, granted,
Speaker 7: you could go ahead and do phony receipts and stuff,
Speaker 7: but that's insurance fraud. The insurance company only owes you
Speaker 7: how much it costs to fix the problem.
Speaker 1: That's basically what I'm saying.
Speaker 16: Yes now, but I'm going to tell you there are
Speaker 16: plenty of instances that I've seen, especially in the old ding,
Speaker 16: when they used to pay replacement cost, where they would
Speaker 16: pay the full amount, people would get it done for less,
Speaker 16: and they would not give it back. There's nothing in
Speaker 16: the policy that states you have to. It's not insurance fraud.
Speaker 16: In other words, got it. But if you were to
Speaker 16: call the company and say, hey, I got an extra
Speaker 16: five thousand, or if.
Speaker 7: You were to send in bogus or if you were
Speaker 7: descend in of course bogus receipts.
Speaker 13: But Mark, under this scenario, there are no receipts to
Speaker 13: send in. So's the scenario that caused the friend with
Speaker 13: a disagreement between you and me was is it insurance
Speaker 13: fraud to get paid twenty five thousand for say, water damage,
Speaker 13: for example, and you get the check, you cash it,
Speaker 13: and then sometime later you get all the repairs done
Speaker 13: for ten thousand dollars. First of all, you don't have
Speaker 13: to send in any receipts now, because the matter has
Speaker 13: been settled with your insurance company. And I said, hey,
Speaker 13: the rest is your profit that you're entitled to. And
Speaker 13: you said that sounds like insurance fraud. So Brian, but
Speaker 13: he one of us is right.
Speaker 7: Well no, but he clarified to both of us it
Speaker 7: simply doesn't happen that way. What happens is you get
Speaker 7: the actual cash value, which could be five thousand out
Speaker 7: of a twenty thousand dollars claim. Then you have to
Speaker 7: send in the receipts, and if you don't phony up
Speaker 7: the receipts, you're only going to get whatever the receipts
Speaker 7: add up to.
Speaker 13: If that's how the claim was handled by insurance adjustment.
Speaker 1: That's how they're all handled, well, not all so.
Speaker 13: For example, I can give you a real life example
Speaker 13: that happened only nine months ago. A very good friend
Speaker 13: of mine who lives just a couple of blocks from here,
Speaker 13: had water damage. An AC system broke down. She had
Speaker 13: thirty two thousand dollars in damages. The insurance company actually
Speaker 13: sent her the check. They didn't even make it payable
Speaker 13: to her in the mortgage company. They just sent her
Speaker 13: the check. She had the repairs done for approximately fifteen
Speaker 13: thousand bucks, very high quality repairs, and she pocketed the process.
Speaker 1: Why in a case like that would that go down
Speaker 1: like cab.
Speaker 16: Brian, Well, I mean, I don't know why they would
Speaker 16: have been so drastically different from what they estimate the
Speaker 16: damage to be versus what she actually had done. But
Speaker 16: I will answer your question. It's not insurance fraud.
Speaker 1: Yeah, thank you.
Speaker 13: And I can tell you why why the check was
Speaker 13: so huge. It's kind of an interesting side story to this.
Speaker 13: She initially signed a contract with a remodeling restoration contractor
Speaker 13: who fought the insurance company. They basically conducted claims adjusting
Speaker 13: service on her behalf. They inflated this claim because they
Speaker 13: expected to pocket the entirety.
Speaker 1: That's what Matten does.
Speaker 13: But then it turned out there, but Matt is an
Speaker 13: insurance adjuster.
Speaker 1: This was a co tractor, right.
Speaker 13: So they inflated this claim way beyond what it's actually
Speaker 13: going to cost. But then after she asked me to
Speaker 13: help with some research into this contractor, I found they
Speaker 13: don't even have a contractor's license in this jurisdiction.
Speaker 1: What he just described though, Brian, that is insurance fraud.
Speaker 1: Now I'm might to bring some clarity to this. Go ahead,
Speaker 1: go ahead, Mark.
Speaker 9: So, first of all, the insurance policy requires the insurance company,
Speaker 9: if it's an ACV policy, actual cash value.
Speaker 1: That's replacement cost minus appreciation.
Speaker 2: Sometimes you can buy a replacement cost coverage for your roof. Sure, however,
Speaker 2: when you sustain that damage, and that thirty two thousand
Speaker 2: dollars wasn't necessarily inflated because they have books.
Speaker 1: Right, right, it wasn't inflated. And the I just meant
Speaker 1: they went through so much detailed down over the retail
Speaker 1: value of.
Speaker 2: The repairs, and you bought insurance for the retail value
Speaker 2: of the rep.
Speaker 7: Which generally in homeowners that's what you have unless you
Speaker 7: have an ACV.
Speaker 2: Let's say you have a fifty thousand dollars car. Yeah,
Speaker 2: and you don't have a loan on it. Yeah, you
Speaker 2: don't have to cover the car, no, of course. So
Speaker 2: you run that thing into a telephone pole and you
Speaker 2: do eight thousand dollars worth of damage. They got to
Speaker 2: give you that eight thousand dollars because you bought the
Speaker 2: insurance to cover the repairs.
Speaker 1: Now there's no loan on that car.
Speaker 2: You can put eight thousand dollars in your pocket and
Speaker 2: drive it forever with that wreck front fender.
Speaker 1: Sure, right, same concept.
Speaker 16: Claim on that you're not getting another claim and getting paid.
Speaker 1: For it is the point. Yeah, yeah, that's right. You can't.
Speaker 1: You can't claim. You know, you can't. You can't create
Speaker 1: a dupleish claim for what he's saying is you take well,
Speaker 1: hail damage is where it happens. Mostly there's hail damage,
Speaker 1: You get a check from your insurance company. You never
Speaker 1: fix it because you're like, I'm going to just put
Speaker 1: it in the bank. And then a year later there's
Speaker 1: another storm and you might get a little more damage
Speaker 1: on the vehicle, but you sure can't tell your insurance
Speaker 1: company you never fixed it the first time. Absolutely.
Speaker 2: In fact, if you're with the same carrier, they'll pull
Speaker 2: that prior quote right back up show. And they got
Speaker 2: a circle on the photographs the areas that are damaged
Speaker 2: on a roof, so they'll know.
Speaker 1: So, Brian, what we've actually learned here is two things.
Speaker 7: One Marco and Mark were correct and Deputy Dimitri was incorrect.
Speaker 1: I mean, that's how I'm a guessed.
Speaker 2: I'm a guest, so I just I'm silent radio silence here.
Speaker 1: All right, Hey, Brian, I do appreciate you coming on. Man.
Speaker 7: You got it, You see it, man, And that's a listen,
Speaker 7: Brian Burns. Compass insurance. I don't care if it's a
Speaker 7: commercial policy like garage keepers like I used to have
Speaker 7: workman's comp anything. I mean, even a professional coverage for
Speaker 7: a doctor. I think that's a little different. But in
Speaker 7: gen word, these guys sell every bit of insurance you
Speaker 7: can imagine. They shop everything for Suzanne and I every
Speaker 7: single year to make sure we have the best coverage.
Speaker 7: And we've used them for ten or fifteen years now. Marco,
Speaker 7: we've got a minute, let's go.
Speaker 1: We have time to go to Pete. Yeah, we got time,
Speaker 1: real quick. Okay, Pete, you have to be brief, but
Speaker 1: tell us what's going on.
Speaker 15: Hey, real quick?
Speaker 8: Time to replace the tires on the twenty twenty two
Speaker 8: Tesla model. Why Mark Tesla and a tire guy do
Speaker 8: you recommend just putting the good gear retlacing on the
Speaker 8: same tire?
Speaker 7: What did you How many miles did you get off
Speaker 7: the original tires?
Speaker 8: About thirty three thousand. Here's the deal. I got a
Speaker 8: slow leak in the back and the ball down to
Speaker 8: number one on the little thing, and then in the
Speaker 8: front third four. So I figured the best thing to
Speaker 8: do is replace all four of them.
Speaker 1: Yeah, that's the best thing to do.
Speaker 7: I mean during the summer you might get a little
Speaker 7: mileage out of the ones that have four thirty seconds.
Speaker 7: But it's an interesting thing. And I'm shocked you got
Speaker 7: that many miles. I did too on my model lest
Speaker 7: I literally got thirty two or thirty three thousand miles.
Speaker 7: And because I got so many miles, I didn't play around.
Speaker 7: I had Discount Tire actually ordered the exact same tires.
Speaker 1: They took about three weeks to come in. What sucked.
Speaker 7: But I wasn't in your position where I had to
Speaker 7: replace one. I just knew we were getting down to
Speaker 7: about two thirty seconds, so I would buy the exact same.
Speaker 1: Ones on that vehicle.
Speaker 7: If you literally got thirty three thousand, I would not
Speaker 7: mess around because that's incredible on it?
Speaker 1: Is it all? Weal?
Speaker 7: Yes, Yeah, that's incredible on a two little motor kessela.
Speaker 7: That's incredible. Man, thirty three thousand is great.
Speaker 1: Dude.
Speaker 8: You know they gave me a price for like twelve
Speaker 8: hundred at this local place down the street. So I
Speaker 8: just wanted to ask you, Yeah.
Speaker 11: I do that.
Speaker 7: I just i'd hold them to task and call discountancy
Speaker 7: how much they are? I mean, why not unless you
Speaker 7: really want to do you know, if you've been going
Speaker 7: there forever and you think it's a great price, that's fine,
Speaker 7: but I would check and the reason is they might
Speaker 7: match for you whatever discount says or vice versa.
Speaker 8: Okay, that's where I'll do. Mark face.
Speaker 1: You got it, brother, three oh three seven eight two
Speaker 1: five five, Marco take her away? So where are we
Speaker 1: going now? Well, let me tell you where we're going.
Speaker 2: We got a couple of lines open, and we've got
Speaker 2: a little bit of time.
Speaker 1: So have you been taking advantage of do you need help?
Speaker 1: Have you been ripped off? Legal advice? Do you need
Speaker 1: legal advice?
Speaker 2: We've been answering questions, taking complaints and specialize in solving problems.
Speaker 2: You give us a call at three oh three Martina. Okay, Mark,
Speaker 2: what do you have?
Speaker 1: That's it? Let's take a break. We'll be back in
Speaker 1: a second. Great go with a.
Speaker 10: Sure thing Denver's Best roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Time for an insurance check up, Free obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three all three, seven to
Speaker 10: seven to one.
Speaker 1: Help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate Man dot com to list your
Speaker 10: home with Remax Alliance three all three nine two zero
Speaker 10: sixteen twenty two.
Speaker 2: We are back live from the Beautiful iHeart Studio. I
Speaker 2: am honored and privileged to be filling in for the
Speaker 2: professionals because I don't consider myself a professional. But I'll
Speaker 2: talk to you anyway.
Speaker 1: You are on.
Speaker 2: You are listening to the Troubleshooter Show, home of the
Speaker 2: longest running syndicated radio station in the country.
Speaker 1: With the same host. Same host Tom Martine was there
Speaker 1: from day one forty five years. Can you believe it?
Speaker 2: Forty five years? The consumer Advocate, the people's champion. Really,
Speaker 2: if you've been ripped off taking advantage of you know
Speaker 2: who to call the Troubleshooter Show.
Speaker 7: And by the way, Marco that number three H three Martino.
Speaker 7: Even when we're not here, it goes to a voicemail.
Speaker 1: You can leave it.
Speaker 7: We'll either call you back right away, or we'll have
Speaker 7: Kelly or one of the deputies call you back soon
Speaker 7: as we can and we'll try to help you out.
Speaker 1: And you were taking to not know that. How long
Speaker 1: have you.
Speaker 7: Been practicing law in Colorado? Twenty twenty seven? Twenty seven years?
Speaker 7: I want to tell you in Colorado, I'm going to
Speaker 7: tell you about Dan McKenzie. And I'm doing this for
Speaker 7: a reason. When you're filling in for us. Dan McKenzie
Speaker 7: does wills, trust, power of attorneys, medical directives, beneficiary deeds, payable.
Speaker 1: On death bank accounts. He's an estate planner.
Speaker 7: And the biggest thing he does if you get a
Speaker 7: call that has to do with any of these things,
Speaker 7: the asset protection a lot of people don't realize a
Speaker 7: good estate planner is an asset protection.
Speaker 1: That's what they do. They don't want you to have
Speaker 1: or their kin to have big tax when you pass
Speaker 1: on and your kids. They can walk you through everything.
Speaker 1: That's a big deal.
Speaker 7: So and you can reach Dan mackenzie at seven to
Speaker 7: zero eight two one seven six year o four and
Speaker 7: Kelly'll tell you that too. But seven two zero eight
Speaker 7: two one seven six zero four, it looks like we
Speaker 7: got a call up as well.
Speaker 2: Well, we got Stacy up who wants to ask a
Speaker 2: question about interstate transport of a vehicle. Now that could
Speaker 2: really that could be her question could be under a
Speaker 2: big umbrella. I mean, what does that mean in question
Speaker 2: regarding interstate transport of vehicle? That could have to do
Speaker 2: with state laws, state lines, requirements on towing. We'll get
Speaker 2: to her in a minute because we're we're gonna cut
Speaker 2: to Mark Major. Why I thought you wanted to meet
Speaker 2: to hand it back to you.
Speaker 1: No, no, no, you're good, go right to Stacey. Say good, Well,
Speaker 1: then let's let's go to Stacy. Uh.
Speaker 2: And we do have some open lines. You can call
Speaker 2: us a three ZHO three martino. But go ahead, Stacy,
Speaker 2: tell us about your interstate transportation question.
Speaker 21: Hi Marco, thanks for taking my call. I'm just looking
Speaker 21: for recommendations for carriers to.
Speaker 8: Interstate Well, that would be JFR Cars for sure.
Speaker 1: Yeah, this is the kind of stuff. It's just years
Speaker 1: of doing it.
Speaker 7: So Stacey, JFR Cars. They're on a referral list at
Speaker 7: referral list dot com. But here's why I like what
Speaker 7: Rod does. He has He has access to this it's
Speaker 7: basically a subscription he pays for. They ship cars all
Speaker 7: over the country. They have cars ship to them all
Speaker 7: over the country. So he's going to put in the
Speaker 7: exact town that this car is and what date you
Speaker 7: need it. And these people come back with bids and
Speaker 7: he's going to pick the best one. But they're always
Speaker 7: insured and they're always there's never a problem with them,
Speaker 7: and if there is, the insurance will kick in. But
Speaker 7: the bottom line is he's going to get you the
Speaker 7: best deal because he has a subscription to this service.
Speaker 1: Does that makes sense?
Speaker 21: It does for sure. And you know, we've reached out
Speaker 21: to several multi state carriers and you know it's a
Speaker 21: big yeah, and hard to feel confident.
Speaker 7: And so in fact, and in fact, there's a lot
Speaker 7: of ripoffs in that anybody out of Florida just don't
Speaker 7: even mess around with in general.
Speaker 1: But go to j f R. Do we have there?
Speaker 7: It's three oh three here, I got the number eight here,
Speaker 7: three oh three five two zero.
Speaker 1: Six A three nine. And like I said, the reason
Speaker 1: I put so much trust into Rod and the gang
Speaker 1: over there is.
Speaker 7: They literally ship cars every day of the week to
Speaker 7: and from wherever their clients are, so they just know
Speaker 7: it in and out. Three oh three five two zero
Speaker 7: six eight three nine. Is that it, Stacey?
Speaker 21: Perfect, That's what I needed. Thank you so much, Mark,
Speaker 21: I appreciate it.
Speaker 1: You got it.
Speaker 2: I want to I want to thank you for reminding
Speaker 2: me about the Tom Martine referral list.
Speaker 1: Yeah, it's big.
Speaker 9: Those those people, those contractors, those lawyers, whatever you're looking for,
Speaker 9: they are already vetted. Not they would not be supporting
Speaker 9: now we let you on there, that's right.
Speaker 1: They would not be.
Speaker 9: Supporting a trouble shooter show. Now if they had trouble
Speaker 9: shooter problems, that's very they were having a difficulty, you know,
Speaker 9: providing consumer merchandise or services, they wouldn't be advertising on
Speaker 9: the Tom Martino Show.
Speaker 1: Or they wouldn't be very smart. Let's take a quick break.
Speaker 1: Sounds great.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 10: dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free, no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three O three seven seven
Speaker 10: one help. You'll think you're his only customer when you
Speaker 10: choose Frank durand the real estate Man dot com to
Speaker 10: list your home with Remaxons three oh three nine two
Speaker 10: zero sixteen twenty two.
Speaker 2: Back at you, Tom Martino Show, If you have a question?
Speaker 2: Three zero three Martino, Do you have a question. We
Speaker 2: have a line opener too.
Speaker 1: We still have.
Speaker 2: John holding John, if you could hold on for just
Speaker 2: another moment. I want to talk about Mark what Mark
Speaker 2: what told us about this morning about Tom Martino and
Speaker 2: that he had pancreatic cancer and.
Speaker 7: It's horrible, but I want everybody to know he's cancer
Speaker 7: free now. He is at three percent, which is absolutely incredible.
Speaker 7: It is incredible, And I'm doing this just because we're
Speaker 7: pressed for a time. But here's what I want people
Speaker 7: to do. If you go back and listen to the
Speaker 7: first segment of the show, whether it's on our YouTube channel,
Speaker 7: then you can actually see Susanna and I talk about it,
Speaker 7: but we actually give the whole story. It all came
Speaker 7: up on January third, and it's been quite the battle.
Speaker 7: And finally, finally I can officially say after a successful
Speaker 7: surgery yesterday, Tom is recouping very well and the surgeon
Speaker 7: said he is cancer free, which when it comes to
Speaker 7: the type of cancer he had, the pancreatic I mean
Speaker 7: a lot of people can never.
Speaker 1: Say that because they catch it so late. You're already
Speaker 1: in stage two, three or four. A lot of people
Speaker 1: in four.
Speaker 7: He got very lucky, and I explained what happened to
Speaker 7: him at the beginning of the show. So please go
Speaker 7: back and listen to it, or go to our YouTube channel,
Speaker 7: go to YouTube dot com, type in Troubleshooter Network. But
Speaker 7: I do want you to go to John real quick
Speaker 7: and ask him what his question is.
Speaker 2: Marco All right, well, I just want to let you
Speaker 2: know that we're sending out if you would join me,
Speaker 2: sond that I good thoughts.
Speaker 1: Prayers, prayers.
Speaker 2: Yeah, so Tom as he recovers, Absolutely, we're so glad
Speaker 2: that he is.
Speaker 1: Yes, and we've all been looking forward for him to
Speaker 1: get I knew we'd get to this point, but it
Speaker 1: is such a weight off his back. Are back everything.
Speaker 1: When you finally do have a surgeon say in your
Speaker 1: cancer free, can you imagine incredible? All right, John, what
Speaker 1: is your question?
Speaker 11: Good augh to know, gentlemen. I know we have pressed
Speaker 11: for a time about to rent out, but.
Speaker 1: Hey John, we can get you back on first thing
Speaker 1: in the morning as well. But what is your question?
Speaker 11: Well, I have a rento in for Collins House, renting
Speaker 11: a house, and I gave the tenant's a notice last
Speaker 11: December that I will have to increase the rent in
Speaker 11: June of this year, and in February I received statements
Speaker 11: from the county and my insurance company of rate increases.
Speaker 11: So I send a tenant.
Speaker 7: Hey, John, I get where you're coming from. Let me
Speaker 7: ask you some when's the last time you raised the
Speaker 7: rent on them? You can only I'm just gonna go
Speaker 7: ahead and put them on hold. You can only raise
Speaker 7: the rent one time in a twelve month period. In
Speaker 7: the state of Colorado. There's a lot of laws that
Speaker 7: have changed. We're gonna help you out in the morning, Kelly,
Speaker 7: get all the information and we'll get one of our
Speaker 7: attorneys on from referral list dot com. My name's Mark,
Speaker 7: Major Marco Bendinelli's been with us.
Speaker 1: See you tomorrow