All Things Legal - Hour 1

All Things Legal
Sunday, August 19th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on issues involving rental agreements, divorce, employment healthcare coverage and speeding tickets.

00:37:43

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Assessing the person's legal matter often requires extensive interviews reviewer of contracts and documents and research in the current state of the law on the issues involved. As a result the information provided by the attorneys in guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice. Communications with the attorneys on this program whether verbal or digital do not create an attorney client relationship Kamal. And Dixon terror Albert Nico you weaken lawyers all things legally gives call it 260187. Near Texas sedate 7878. On W a BL AM FM dot com will be on till 10 o'clock and we got Albert this morning the morning hours we've got dug this morning to try to I'm doing great doing great girls' sports wanna talk about now. We usually off its forceful will lead off with you and a sense. And your hand on the case but rounds in my office I'm seeing all these pop ups about. The morning call. Knocking out to bid for. Cafe du monde and the city park location right and I pulled pop pop pop pop. And I was very struck on you handled the case through the morning call me. On the nerve or the nerve senator that that story head for new homes. And now me out they let off all three newscast right now off the news on DaVita BL bright and you know basically want you to tell everyone. Would it occurred and sure off. Sure home a yah I represented. The morning call in the oaks. In that we. There was an issue. The the outcome of the back story on it is. Morning call I'm sorry at city park came to morning call about six years ago or so. And they. Say they want to put a Benes stand. In. These casino building. Supermarket previously run the city park cafes or something like that. And they wanted to be out of that business so they decided you know we wanna get a of the vineyards shop here so they. Contacted morning called the B. Did what was called a code and cooperative endeavor agreement which is kind of a way of getting around with the public least law. And and you know of course morning colleges. You know they they signed it they paid their rent directly to city park ex senator senator. So. Two reports lease. With the morning call was up. Around. There was a three year term with a two year option and another to Europe usually. City park was the one who was in charge of the options this city park ended up. Granting the additional two year option to make it five years but after five years they want more tomorrow. And so they decided we're gonna go ahead and put this out to public bid under what is commonly called the public least law. And so. They get a bid proposal. Day. You have instructions for bidders they advertised at according to the publicly sloth. And what happened to come. There weren't you know three companies that ended up beating on the prop on on the lease and that was Jaffe vigna cafe Dumont and morning call. The bid documents said the police would be. Given out awarded solely on. The qualified bidder who came up with the highest percentage rent so the rent was 101000 dollars a month. But we're gonna look at your monthly revenues and if they exceed 101000 dollars a month. Whatever that highest percentage that you wanna bid that's what we're going well so it's going to be there. The higher of the two whether it's 101000 a month or you know the percentage of revenue. So. Cafe Ben yea did 10%. Cafe tomorrow on Big Ten quarters ten and a quarter percent. Morning called the ten and a half percent. So. Once those bids were red big you know to accept the bid ex senator Sarah. You do once as they have read and then city park. Head to. Due to valuation of the bids to make sure they were in compliance excerpts there. Well there are turning in India written written recommendation. Stated that because. Morning call missed a mandatory pre bid meeting. That Louisiana law said. That. They had to be. Disqualified. By law from getting to be. And so in them in the bid specifications there wasn't a mandatory previous meeting. Mark my argument was that. There is nothing in the public good law that says. If you miss a pre bid meeting. Your disqualified. And I'm sorry in the public least law in our public build law there is public good law that deals with. Construction and improvements to. You know public entities in property anomalies but not leases past so that. That was one of the issues the other issue that I think the press did not grab a hold of very very much. Was that the reason we you know yes we we were. We relate to the meeting the meeting was started at ten. They got a call from someone at city park saying hey you know where are you. There was an issue with my clients. Phone and he showed it to me over and over again on the calendar kept jumping to different places. So he said look we're all away my brother lives in lake view movies here a few minutes at 1015 his brother shows up at the meeting or meetings so and so. Hello how important that meeting could have been to this fifteen minute fifteen minute meeting correct. Anyway it's what I think the one thing that so so they were disqualified for that one thing that we argue trying to have the bids thrown out. Is that cafe Dumont. Who was awarded the bid with the second second highest number of was supposed to submit five years of financial statements. And it only submitted one year refining Tuesday so it was in and that actually was in a category called financial qualifications. So that affected their qualifications. Whereas me missing a meeting. Did you tell him it didn't have anything to do with my clients qualification saw like the Second Amendment list there's really not there and what's not there there I think right. So anyways so judge Bruno in his wisdom it's it's so mister court. Com picked up on that and basically said you know none of the bids. Another of the bidders complied with the bid documents. As a result. We're going to. Throw out the award of the of the contract to captured him on. And now he court in courts can't force them to re bid the contract are. But likely that is what we will do. I've been trial all week on another matter and Subaru an official toll to 3 o'clock Friday night so I've not been able to get in touch with. The folks at city park. To see with the next captives. We are hoping that you know bit dual. Morning call allowed to be remain to remain there continue to pay rent until the matter resolved whether through appeals or whether through reed did cross and. If the city park people listening don't call on the next two hours we're busy. Hunt fish and shook off caught after tenth yeah woke up there with how is errors you know do certain things in new homes. All our. You know there's just such stiff fabric into homes I mean go absolutely and and now some salt and I really touched you know who's very interesting where it is it was it. Embassy people take sides on social media is so I think this is this in this agreement in. You know there was and there were a lot of comments about how people fought over you know the fix was in another one like road you know they should awarded to cap figure moan and it was just. It was you're right it was kind of a battle all back and forth among the among the players but Khatami. Morning call originally started out on Decatur history. And and Bob Mitchell's talking about. East of curbside service. So that morning call yet they are numbering two years as hell that first drive thru right right and then you know he tees are you new car and he gets all over your cars to solve a new walls tradition that if it. The commercial are all wrong you know that's it's every tuxedo in town has hit dropout issue wrong you can bet. Yeah it's interesting thing is we had people comment from out of town especially NFL people didn't. That's if they wanna do wanna threes things. Power O'Brien's. Tippett Tina's aggregate opinions. We do end or or. All oysters to yeah how does how does not have room with thomas' candidates do that I mean there's a mom's funeral and he said that Patrick Peterson. Came up to him and then he they they said the team drug instead of a cardinals team. And these are Patrick Peterson came through with a reference on how much you loved him. And so when they fed the team on Sunday they got a hundred char broil the oysters they did. Just for Patrick Peterson says he says I want I want him tomorrow and so Thomas and you've got a so you know if you guys got to has got to sample some of them the pedigree to. That's good. Makes you all different all right let's go to the fall on children who let's go to Charles on line threes got a question regarding Reynold imitate Charles you know things we will decks and turn over Nikko. More than one of the question. Mark my. Our tenure. And your beat here. Ago. Being part of why it back in July of next week and I more or body. Aren't there aren't so twenty. What are. They will be September there right. August September and well art power. It. She. Did it. And it. Always. You are if you could find somebody who. Mean but you are right here right now note you know. You don't hear that I don't remember. I have remained on an opportunity years. Xiang above me the real popular vote. Parents you know would make and everything right by your typical for anyone interpret the place right I didn't know what. She could be the what we sit there and. I wish she could you dumb is that she has a duty to what's called mitigate her damages so in the event that you move out. On the thirtieth but you give her noticed you move out. She would it long as you keep the place and you know good order from the damaged perspective. Are thin. And she's really not allowed to keep your. The damage deposit as damages but I'm sure this probably determine leaves the talks about. In the event that you default under the lease so debt losing that damage deposit is something you probably have to do. But at same time she can't just sit around and say oh locking rent. She's got to your thumb and she's got to try to wreck the place. Within. A reasonable period of time so she may be able to come back and say ho lol I could rent it for a year and a half which seems very unlikely. And that's just going to be a question of fact I think that. He you can get into issues and so you know what efforts she made to try to read it you know did she advertise it to achieve you know who she. I think deduce who went to trial would you compare really does that the inquire of the judge will look at say it will what's a reasonable time period to release of property. That she should for could have. And then assessed that which you which you don't know could be three months six months could be somewhere. In the open. And now are are law that looked on some breeze storm Nana center. The letter stating there are creatures are terms. In a reduction that you're July 20 server that you you stay here. And they weren't potential so you know pretty well. You know how good she put pepper on me. And she certainly don't want giving shots. Are more habit yeah yeah there are several times and each time I call you though. While to sit here and you know on the court changed as you make it very. I note that initiative that's an issue what I would I would get those people's names and addresses because. She needs to read it under the same terms and conditions as the existing lease. We don't know that there for the student became an air ball and sister. You have no room accrued bonus system considerably may remain an App Store around. So I've been an older and you you would have the right to rent it under the same terms and condition she can't make it more onerous. To have you not be able to rent it. Soon around you receive similar to our people. And Perugia efficient that. They. Were not merit in them. In the easiest thing to do is continue to try to read it but I would get those names in those applications have copies of in two ways you're going to be able prove that to somebody one day and I think. You BO OK all right. Thanks a drop off a good luck aria girls are less go to break Texan terror over an equally weak and lawyers all things we will be right back care that is pre Tom now we're back person there over Nico you were in the hours. How morale the game balances talk and sports today that a lot of calls first half an hour so. Will go with that let's go to Nick's got to question regarding divorce say Nikki on all things in the Texans are now over Nikko. Call. But it detentions or background the tension or days now entering year. So element community property. Do you own football team. Now. Grozny. After three years about six months out there the Bankruptcy Courts the media elite. Are so. It purports. A motion. And I Omnia the final eight ball. But emotion opposite. Or script that let's run and for commercial or being community property that is not much out. Pomp and Alicia. Sure. Good to jump out with them or are they dish judgment and virtual shall be that should she date from that. Up. My descriptive list and it's. In detail in. While the plane got. Is that from the area date yet for virtually no question. Aren't there at the pervert if there have been two or shall it would together and issues. Troops are court right. Well. Typically happens that way which he did you reversals this is basically saying this is what I disagree with on while elements. Are clueless. All Q contesting because certain things you'll say. On on both lists its uncontested. Let's put this in another bucket we're not gonna fight over that which is fight over rule would disagree over. Commercial and traverse in. Our. Sixty day period. Yeah it out. What happened out the thirty ED. And that's what. Emotion and the senate hearing October. Of them live now that the thirty day and that the warning. What about it. The that we suggestion to this court that should have enjoyed the arrow and separate trial. If only one or more it's an act gate here. Oral law which I'm the only one but it me traversal. And as he boards in traversal and script it was this short short. Wanna go to court they're all as I am having all this that or. We. Are number. Well what you gonna do is this one or two things happened one is a judge also say that you the other opponent. Opposing party lost their right to file traversal so therefore anything that you. Have submitted that is not controversy it. Is will be stipulated at a trial. Or to the judge will say look you're supposed to do it c'mon give you five or ten days to file traversal. If you don't then you waive your right to contest anything that you putting your traversal us. So that's what's gonna happen at the hearing so it's up to the judge arms and some judges will say no you blew your chance have a traversal. So and other judges especially if it's a pro say. The say we understand that you don't have lawyers when to stay beyond easy will leave you'll mercy grace. So what the wondered two things will happen at that hearing either. The of Europe that the the opposing party will lose their right to contest with two on your list. Are they'll give another war you know a very short window to controversial list and after that a trop can be held to determine community property. One final question on armed that defend it to about eight while it appears like they sure. Just takes the words broke the suggest. Well in the documentation support that position is that. Whatever that Astor trial when when when you have when you have to trial you have to support the descriptive plus what to do list is like I noticed. But thanks for the call good look on the traversal trial and he could be property we're going to CBS update local news back about four minutes on all things legal they're taking your advice we got some sports questions texting but we got a lot of callers so we default we we take the tallest person will address the sports tech exactly in Kenya. This could fall on Klesko to Patrick's got a question regarding employment hey Patrick you know all things legal Texans turn over Nikko. Morning gentlemen thank you can call. For an collection on. We're guards and the dispute on the coffee company on that location and he said there are a lot of Meir area social media elements. I hope to note that we post on social media. In no way immediately. While there are considered court. Probably think that could. Put it. Of course now Mayo but now my question is. I resign from my previous employer. Bomb on approximately do 23 24 of last month. Appointment with my primary care physician. There about where your forty's. Oh my health insurance. Mind and order mom. All the future. And I went to mine. Their position and ultimately the nurture to cancel. I thought there was a period on. A law required that I was still be covered first but it baker. Farmer come employers see. Today I do. Want. You. You see. It typically. You have cobra coverage but. You know we gonna have to check to see Ted applies to ante with one wanted to again because not only does either but I think that when you purchase your insurance you purchase it. For the month. Instead they pay a monthly premium and it it should be covered it should have coverage you through the month. And so obviously if the employer did something to. Jeopardize that you know I'd go back to the employer and say hey look. We. I purchased this employment for this period of time and it typically runs. You know through the end of the month to a few left a particular day and then within that same what you've got a doctor's appointment that should have covered. And then yeah. Gigabeat omelet and none so I mean I'm I don't know why that would have been covered. Yet because I had helped ensure their you know bomb major order. You know they're. Greg relatively large. Company. Men had been with them for each year. And resign and you know within them on my primary card out there mr. Ono that your your craw issues. Now look like and ample and you know that Dick really threw me off guard. So it. And again typically. You know we deal with with when we have important questions is usually more than just one employee so. I'm not sure what point cobra kicks in congress required. To where you don't lose your health benefits. And so again this is this on relayed mail with with the whole obamacare thing that is kind of complicated that to some degree become. I would think the you which should have had coverage. You know but I guess out of him during a lawyer canceled the coverage but he should have canceled that from. The date you know due to prior to you next premium due date as opposed to canceling in the middle recovered from. Plus they would cobra typically would Covert we have enough employees on check on the threshold down of its fifty or fit key yeah. But he would. The number of employees that. Location. Approximately 92 and. Well then you don't know what closures and 11 floor employees. We all want to play well what you have cobra coverage I'm. I'm currently employee and then my employer. Deploy a bit of work. About our 92. The only early on though you have been usually you have Kobe got there's an offer cobra coverage in Asia in your coverage it is there an HR department. Yeah that's where you need to play they have to do is within sixty days and you cobra letter and until they send you elect cobra latter. Health insurance is still in place and then once she received the cobra latter you'll be able offer you a monthly premium. To pay for up to eighteen months. And then you have that option came pretty handsomely for the. Yes it real about no 100. OK so and so so no it's a violation. Their required under the law. To say new cobra letter which obviously you haven't received until that cobra letter is issued. You have though you have sixty days to decide whether you elect to take coverage for not. And so they so the short version is they're supposed to pay for that particular health insurance they're responsible for. All right so remote from. I'm in my resignation. Border there with with my employer how long what I. Still vote the B Albert are mindful across. Oh yeah this at least sixty days if you don't accept Kobe out they can ask for premium for the following month that you have to pay that premium put. Yet sixty days of you out but I mean you you know it was they don't have to pay your premium for you if they were paying it before they can ask you to pay. But they apparently none of that train. So. Well crack com so start with the eight art department and and. Ask free cobra letter and ask the Marines stay in terms that's a two things you do. Exile are our Oscar this cobra COB already attacked and all right Maria thank you guys are saying thanks but I'll go do coach tigers are just go to break Texans are happening to you we can lawyers haltingly who'll be right back here to discrete Tom objects in terrible Nico you we can lawyers clarification that cobra. It's nine days that's sixty days. So they learn that. You know when people ask is these green books that are we should throw away because. We don't use books anymore. But there you know people ask this question and I. Mario can bring books a sentence like a 100000 laws and Hannity and rush out. We don't. Get a little lower wants to help you researchers recently dogma. I want to tell sound Ellis at Buick Saint Paul we're educated very well but by mr. sorrows but I mean. The Christian Brothers aren't that good they're great to leave you know every lawyer every operated properly there. All right let's go to foam on the Scott Albert to talk about the venue a battle to do when they've been a battle. Albert handle for morning call. They average on all things legal ducks and turn our Nepa. Good good. Public in the bought and it isn't there some local station analysts and that's what I hope for the whole thing analysts. Despite Beasley won't let me pretty awkward it access to morning called opening entry and it was June. There when they realize this morning quote high data. Read the news and he came patient enters a game capitol mall. Despite Catholic animal and haven't middle requirement about it so it shouldn't just. Can't albeit accurate current directory and going to look like they. That they expect it to upper Moreland could be I'd better when Horry. Denny. Showed they would it would get little more than a tournament Butler. Well I you know and again Bob's my client and you know Bobby has a version of what happened. There were you know in the testimony at trial. Came out that you know win win they missed the meeting. Actually the judge kind of basically concluded they were late for meeting I mean it was of so a although the meeting was over in ten minutes. It's so it again how important to the meeting be. But. Be he was trying to get in touch with. Capita once I mean on city parks lawyer with that are lifted the head of city park trying to say well. To steal bid must still capable of bidding two will you accept my beard what's going on out. And they basically said we can't answer that so they left it up to him. But you're correct they did the you know there was that with a view to opening day meeting. It was three. Companies represented that brought bids in basic pay did accept all three bids they opened all three bids. They read aloud all 3 bids including morning calls and then once that happened. I think Bob's testimony was that you can hear a pin drop at the meeting and our people got to look at it one another. And do in the next thing okay will low will get back with you guys in the end it was a follow up meeting with the well going to discuss new evaluate. Which they had to do city park had to evaluate all the bids make through the the bid packages were in compliance. And as it turned out none of this three. Were in compliance with its specifications. And a court judge Bruno was was very cute picking data and and you know why not just you know knee jerking the awarding the the contract to morning call because it was the highest bidder but but again all three bidders had issues with their bids. And so he was correct in saying. You city park. You awarded to you you awarded this did you have freedom on. Com for illegal and so we're gonna are we going to throw that did out cancel lease. And what you do from here is his city parks business vacancy you know we we just wanna shut it down we don't wanna have a but then you show we're gonna change directions or we're gonna Reade theater or we're gonna repeal a meters or visit myriad of of decisions this city park estimate and I'm sure there are the board has to get together but at the moment. It's the it's it's a level playing ground ground zero yet with backgrounds are. A guy and an angry because they actually anticipated and city ball in the dispute with the zone and they did you know it is. Look like a little limited in the despicable but anyway it is a congressman we have a comedy act. Speculation that the doctor Haskell this year and particularly against Miami are competing because of fan interest and emotion. It shouldn't mean more elections because of Natal went skiing. Equality like coat and places it. Ugly real quick. I forget. We got out that well 1 thing that I am optimistic about Miami's not messy city. While Miami 18910. Games. They don't play an SEC if they were an SEC west. They'd probably be in the bottom tier that's how good do we or open arms I think the first game will set the tone for the year and guess the reaction I have liked is tense. I mean I'm. Very candid I I think it's. Show and tell it's gonna be a lot about the quarterback play. I mean but at the game has evolved to that you hear you can't just win on great defense and great running you know you have to have. At least stable quality while play actually at the top of the power. I was gonna give one piece of advice to coach show you are sure to listen. But it via via coach Bill Parcells. Would be helpful just in my opinion on him but just you know just in general but I was gonna talk about that a top one hour just about three minutes but I sought out. Keyed into Sumpter and you know with the quarterback situation and but you know I think it's just. All the speculation has gone. I mean it's a matter of people Foreman. I think they can hum we'd we got a text saying would be. A Goodyear fell issue that the deal burned over and under would be eight. They win eight games. You'd be good here there's seven games that they're supposed to way they're supposed to beat southeast and they are supposed to be little entering this that's supposed to be. The three games that are not. Non SEC games that are not mom Miami right then you got Miami. You know that right that's that's a toss up. But you know an SEC west. This probably is good is to AFC. But you know they have so itself it ya yeah I mean it did I mean SEC they can't all win. Run and either you got fourteen sickens me techie guy Jim both Fisher now at Texas saying I'm on my you know my goodness. Oh yeah are diarrhea every entity in its. I think I think you're right I think if they win. Nine games I'll consider that a successful please you know somebody else that you would if they if they don't go to a bowl game will go get fired oh yeah while six games get you to a bowl set things that I feel we went five game. It do it would be it would cause disruption will be pro Israel suns in this for a while you know cam make my comment about coach O right now. Is an I think in this is that this is the way I see it is. You know when I had this for quarterbacks. And they lost too often I think part of it is she's trying to make everyone happy. And often when you try to make everyone happy you make nobody happy. And the way how would see it is. I think everybody knew in the summer that Justin McMillan would never started relishes. And so instead of having a four person quarterback derby you go to summaries say Justin. We got Joseph borrow Joseph borrows because you know we don't think you gonna make it right. So if you wanna stay laws a fourth quarterback you can if not transfer and then you have three quarterback race and you hit the reps distributed among the three. You might be able hold on to NRC's. Instead. I think you are trying to keep everyone happy and doing the dance. And I you know one thing coach Parcells told Lewis ten years ago in a different context he should do allows that the giants for sure in 1980 I think he went three and thirteen. One to fifteen sought to. In what he was trying to do was. He was trying to meet everybody's expectations. Because. He wanted to be different he was it while he was the second or third choice for the giants the time it's from people who who the intake job and so he felt like. He was looking and trying to fulfill all other expectations he said you know what. I'm gonna do this my way. And I'm gonna do what I think needs to be done. Heck with everybody else in this fight gift far at least I get hard doing it my way right rather than trying to meet other people's expectations and and I think the only thing I would. Caution caution it's a coach. You got what it takes to Coachella she'd do it your way right. Don't don't worry about with you one nice as heck don't worry about which athletic director things. Do it your way well and you hired to do it your way diligent because you have what it takes to win an SEC if you do it your way and I think he's done that in some ways would harm injury solved and which is on conventional hard Stevens mayor. And I've gone for the sexy offensive coordinator right but do you away continue to do it your way. In you know what it dead men tell Justin McMillan in the summer you don't have a shot at starting right so be it. He'll get you know and so that would be the only thing I take for coach O for the rest you're doing your way in you good enough to do it all right let's go to break. Texans area over Nico your Weekend Warriors sometimes sports commentators. All they Lil will be right back after his brief time out were back Texan Terry company could you would get lawyers let's go to Nancy's got a question regarding speeding ticket hey Nancy in all things legal got a couple minutes. Yes I'm my son and young adults on my insurance got me eating tickets to. An hour in the app and eat. It here operation of the vehicle. Wrong. More than fifteen miles per hour over the speed limit that typically Carolina care. Sure. That I'd you know went in on our in Sharon joining our rule it out as an editor from. Well look you in which you may wanna do would parachute in Saint John Saint John Parrish are you could ask for is talked to DA said look my son was a knucklehead. He you know my daughter's trying to get some bad gas out of his car whatever his excuse was. And say look he acted like a knucklehead. And I have no excuse for it but. Could we do something where as an article 9894. Which basically states you're gonna pay the fine. You and pay the money to me sadness tally but if he doesn't get another taken six months won't corny insurance. That if it was Hoover might well. Our that would apply that they ate and it's action. They had this crash on that describe short work. It again I mean you can do 894 regardless you go in yeah guilty and in the they have to do they have to give that to you unless it's you know that now doesn't it the right now something what do what happens is that it's a mandatory court appearance and that's over fifteen or twenty miles over the speed limit now. This is your son of is the good student has. He based in. OK okay how about just trying to say to yourself if you. We wanted to do it offered to the DA in just a lizard its citizens yet and there's no sense in not typically go in there and say look we wanna pay the fine we wanna pay the court cost. Q we get a reduced to a non moving. There's no sense making insurance companies wealthy. You know and can we you know did that's a fair if not go ahead plead guilty in the you can get treatment for a you problem will be lower for that would be different. Or. But you know people ask you don't know or ask for it to be reduced us to speak to the DA before. Hearing all right thanks for the call I go to NASA news local news we back in ten minutes for our number two seed in ten minutes.
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