RADIO SHOW HIGHLIGHTS JUNE.19.2018
Our expert guest on the show was Mark Trenner, an intellectual property law attorney and a member of our ReferralList.com
Kristi asked him if she needed to file a copyright for song lyrics in order to protect them. Tenner said, “Not necessarily.” He said when you create a written work it is automatically yours by copyright. However, if you want to collect infringement damages, he says you must have it registered. It’s an easy process that can be done online at https://www.copyright.gov/.
Judy hired Ladyfingers Gardening to landscape her yard. Judy paid $3000 up front and only got a few hours of work before owner Shelley Herbert picked up and left. When we contacted Shelley, all she would say is that Judy is lying and we would have to talk to her attorney and she would see Judy in court. Our opinion? Shelley is a bitch. She refused to answer a simply question and deal with a straight-forward consumer complaint. I don’t blame Judy for wanting an explanation for walking off the job and not showing up! Shelley Herbert and her company “Ladyfingers Gardening” belong on the Sleaze Brigade and that’s exactly where they are going!
Steve says the Pueblo Conservation District is screwing up his property. He said they put up a retaining wall in their drainage plan and his property is now flooding. Here are some sad facts when it comes to drainage (or at least sad for Steve. When a proper drainage plan is followed (such as in this case), the consequences are unfortunate but your responsibility. In other words, when the district institutes a plan initiated by the Army Corps of Engineers, all those along the drainage path must deal with the water. So, if excessive water is backing up onto Steve’s property, he must consult an engineer and put in a retention pond, swale, ditch or whatever is recommended. It is not up to the people down the line to make sure everyone up the line has proper drainage.
Lorraine bought 2008 Saturn, with an extended warranty, from Sharpest in 2017. She has since had her engine and transmission replaced under warranty. She is unhappy because he car now needs a coil and spark plugs. She thinks Sharpest Rides or the warranty should take care of the maintenance. WRONG! In this case, the dealer and warranty company honored their commitment. The additional stuff is normal maintenance. Lorraine has to come to grips with the fact that owning a car comes with expenses that are not always someone else’s fault.
David works around 80-hours a week. “Do they have to pay me double-time for any of that?” He asked. Our experts say no. Under the law, all that is required is time and a half after 12-hours in a day or more than 40-hours in a week. There is no actual requirement for double-time.
Brent paid to have his screens replaced. Parker Window and Screen came to the house and picked up his old screens but never came back! He stopped the credit card charge and canceled the job. I don’t blame him. Now he wants his frames back. We called and they said they’ll return them immediately.
Charles had his transmission replaced under warranty. Now his 2015 Nissan Murano has a shimmy that was never there before. The dealer told him it was “normal”. He’s not buying it. We called one of our experts, Kimmer Transmission, who agreed to check out the transmission free of charge.
Kenny’s boat was damaged in a storage lot because a hail storm ripped through the cover. That resulted in subsequent rain to fill up the boat and warp the deck. He thinks his insurance should pay for it. We don’t. Kenny did not discover the damage for more than a month! Under most insurance policies, you are covered for the initial damage but you are required to mitigate or stop further damages. In this case we think it is unreasonable to wait more than 30-days to check on your property when you know the area was hit by hail. Had he done that he would’ve been able to prevent the additional damage. His insurance company obviously agreed with us. TIP: When you have an insurance loss, do what you can to mitigate the damage.