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Questions Answered by Scott Richard Kaufman
1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

2 Answers | Asked in Consumer Law for California on
Q: My 2 year old car no longer works and no warranty,32,000 miles.

I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 30, 2023

You may be in luck. Based on the year of your car and the mileage, there is a very good chance you have a warranty. The bumper to bumper will usually go at least 3 yrs and 36K miles. The powertrain, can often go up to 100K. Get in touch with NISSAN right away...

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1 Answer | Asked in Consumer Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 27, 2023

If there is a warranty the lemon law should cover it.

2 Answers | Asked in Consumer Law for California on
Q: Is a law firm that represents you obligated to show you how your funds from your settlement were dispersed?

My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 26, 2023

Ya, that sounds like a big no no. I'd ask, once more, in writing. Give the atty a week to respond. Do NOT threaten any complaint but go straight to the bar if the week goes by without response...

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... Read more »

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1 Answer | Asked in Consumer Law and Banking for California on
Q: My credit card issuer has stopped sending me monthly statements and bills, actually all correspondence and is now is cha

rging me interest and fees for unpaid bills. What is my recourse?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 31, 2022

AND almost assuredly dinging your credit score too.

Talk to an attorney who handles this type of issue,

either FCRA or FDCPA or both...

1 Answer | Asked in Consumer Law for California on
Q: Is Assurant in the wrong?

My husband has an account with T-Mobile . We have two identical Samsung phones that are completely paid off. He pays for insurance on them through t mobiles insurance company Assurant . In mid October my phone screen had gotten broke and my husband made a claim for a replacement . When he did this... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 16, 2022

I'm sorry for your issues. Your post is unclear to me.

They are asking allegedly to see the phone the claim was made under?

You have a 'scrivner's' error, where the wrong phone number was used?

T-Moile, I've had for about 20 years, has USUALLY...
Read more »

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: My apartment refuses to issue me a receipt of a one-time settlement fee. Is this a violation to this code?

I moved from one unit to another in the same apartment and paid a one-time settlement fee for the transfer. They are telling me to inquire regarding the receipt to the bank that I remitted this payment from and just doesn’t make sense why a bank in which processed a payment would issue a receipt... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 14, 2022

A copy of your check should be good enough to expense it.

In my opinion:

The management most likely is not wanting to give you a receipt

because they do not want a written trail, ie, they are likely either

avoiding paying taxes on it, OR not telling the real LL they...
Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: What are my rights for a rental car cancellation if my flight was cancelled and had to fly into another state?

I booked a car rental through Expedia and during our connection flight on United Airline, we were advised our flight into Baltimore, MD from San Francisco was cancelled until the following day. They were able to put us on another flight but it landed in Newark, NY. I called Expedia and the lady... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 6, 2022

The base solely on your post and assuming all facts to be accurate and true then you have to read the agreement you signed with the rental car company or the online site and that we generally cover your rights. That said if the airline caused this then the airline should give you a little bit of a... Read more »

1 Answer | Asked in Consumer Law for California on
Q: What are the steps I find out my vehicle had body damage and the dealer didn’t tell me about it

The car had damaged underneath I didn’t see until 4 months after I bought the car

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 5, 2022

Have it looked at by a professional body shop. Should cost no more than 100.00 to do so.

Then, if it is a 'real' problem, contact dealer in writing. Then, if they do not agree to help,

which is virtually every time, contact an attorney.

1 Answer | Asked in Consumer Law for California on
Q: Is it legal for the 99cent stores to charge you one dollar when something is priced 99 cents

Because when I checked out I noticed things that were 99 were ringing up a dollar things that were ringing up 1.99 were ringing up 2.00

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 14, 2022

How do you know they're charging a dollar??

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for California on
Q: Cps granted my child's father custody of my daughter even tho I informed them that he was on megans law.

My daughter started acting out down in GA and he sent her back to fresno . She informed us that he touched her and he admitted it. And also willing to sign over rights to me. What do I do in this situation please guide me because cps failed my daughter by knowing he was on megans law. What are... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 12, 2022

So sorry. Sounds like you need to speak to the police immediately. If they can help they will. If not, they should give you direction.

1 Answer | Asked in Lemon Law for California on
Q: I bought a lemon and have been in and out of the dealerships for the last year being I purchased on 10/20/2021.

I'll try to say this as nicely as possible but in regard to my attorney, I'm beyond fed up at this point. 1. I've never even talked to the attorney himself I have to speak to the assistant who has horrible communication skills. She does'nt return my calls, voicemails or emails... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 11, 2022

Sorry for your issues. You may want to pay some one for 30 to 60 minutes of time to re-evaluate and or give a second opinion.

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2022

You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that... Read more »

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2 Answers | Asked in Consumer Law and Small Claims for California on
Q: I paid for a commissioned art piece in Nov 2019 and have yet to receive the item.

I have reached out to the artist multiple times and his excuse is that it is almost finished. He also said that he does cancelled orders and won’t refund. I do not see that policy anywhere on his receipt or website. I spent a paycheck to have this item made and cannot afford to “throw it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 31, 2022

What you've seen already IS the best answer. See an attorney immediately for a case review to see what if anything can be done...

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1 Answer | Asked in Civil Litigation, Contracts, Consumer Law, Real Estate Law and Small Claims for California on
Q: In a small claims court in Ca., Can a married couple each file a $7,500 claim against a contractor who abandoned a job?

We are two senior citizens and retired teachers. Paid contractor $31,500 for a $26,500 job. He only did $15,000 of the job before he abandoned job.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 27, 2022

Start with a complaint to the state contractor's board and go from there...

1 Answer | Asked in Consumer Law for California on
Q: What would be considered a reasonable amount of time for a merchant to deliver purchase?

Even though the sales receipt states all sales are final if they fail to deliver can I request a refund?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 14, 2022

You are very likely to find your answer here at this CA GOV website, good luck with it!

https://www.dca.ca.gov/publications/legal_guides/m_1.shtml

1 Answer | Asked in Consumer Law for California on
Q: We purchased a 2018 Fleetwood Bounder 35P from La Mesa RV West Sac. on 2/20/2022. It had a recall they didn't address.

We have not been able to use the RV due to a continued problem with the kitchen slide. It has been worked on by 3 mobile mechanics, and in their shop 2 times. It is in their shop right now for a very long time. We have had the RV for a little over 7 months, and the slide stops functioning every... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 7, 2022

Can't tell IF you have a case without more info, BUT, since it is an RV and most are lemons, you may. THAT said, the CA lemon law covers "New motor vehicles" and "Consumer goods." Your RV is NOT a new motor vehicle. Also, to be a 'consumer good' under the CA lemon... Read more »

1 Answer | Asked in Identity Theft and Criminal Law for California on
Q: I received a letter from local cop stating he received a report of store theft from local supermarket. What do I do?

date was said to be 9/1 at around 7 pm, but I didn't steal anything from said store. also have no idea HOW cop or store got my name or identity. it is a store I've been to, but def did not steal and can't connect dots. need to know what to say to cop when he calls.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

Feels more like crimlaw than consumer law. AND while I do not handle crimlaw matters, I think it is VERY rare for a 'cop' to write a letter. I think if this is a misrep or a scam, you may have a nice counter (type) claim? Good luck with it...

3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

There are certain magic words and warnings they must give. I am not familiar with those words/warnings. SOUNDS like not necessarily a scam but, still unlawful debt collection? I'd seek an attorney who handles unfair debt collection and I'd be VERY wary of giving them a nickel as that... Read more »

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