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California Consumer Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2021

This is the legal forum for California residents. You need to post your question for lawyers in your state, or in the state where the events took place.

1 Answer | Asked in Consumer Law for California on
Q: I bought some faulty custom goods online. The company is only offering store credit. Can I insist on a refund?

Hello. Two weeks ago I bought three custom hand fans online for an event, at a cost of over $100. When the fans arrived, all three fell apart quickly before the event, in each case the bolt holding the fans together fell off. I have sent the company photos and asked them for a refund, but they... Read more »

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You can insist on anything you want, but that is only as good as your ability to enforce your demand. As President Lyndon Johnson used to say, "Don't ever tell a man to go to hell unless you can send him there."

You won't be taking someone to court over a $100 dispute,...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Banking for California on
Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

1 Answer | Asked in Consumer Law, Traffic Tickets and Car Accidents for California on
Q: Hello I’m a commercial class a with endorcements today at 10:30am I was in lane 1 right to left traffic

Traffic came to complete stop I had my truck in neutral and left about one car space in front off me so wen traffic started to roll I put it in second gear to take off as I let go off the clutch about 2-3 miles per houre I felt like I pushed something so I stoped from going forward I don’t know... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2021

you are likely to be presumed to have a duty to not move forward until you know that no one is in front of you. If you hit someone in front of you, you will be presumed to be at fault.

there are lawyers who specialize in tickets that I have worked with.............it would be worth the...
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1 Answer | Asked in Consumer Law, Tax Law and Child Support for California on
Q: I paid 2,100 for my son's field trip to washington dc before corna, but they only gave a refund for 1,800 (late corna).

I paid 2,100 for my son's washington dc trip which was before corona started, but they only gave me a refund of 1,800 which was 300 less than what i even paid and said its for the processing fee??? Can i sue them?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 25, 2021

Sure, why not?

1 Answer | Asked in Consumer Law, Business Law and Small Claims for California on
Q: Does a car dealer have to put a lien on a car to repossess it? Will a judge likely grant the lien if the "deficiency"

is not paying for a "inspection" costing $1820 that the dealer slipped onto the contract without itemizing.

Yelena Gurevich
Yelena Gurevich answered on Jul 6, 2021

if the vehicle is financed, whoever the finance company is (and it could be the dealer) can repossess without a court order if there is reason to repossess

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: My father n law gifted me a car now has taken it away from me I have no bill of sale

I do have 2 witnesses and now no car

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 30, 2021

A gift is a gift. Without title it may be hard to prove and obviously suing within family is rarely a good thing. Good luck with it...

2 Answers | Asked in Consumer Law for California on
Q: Hh

I ordered from a brand called Kiarasky & they sent me someone else’s order But the package was addressed to me with my name & address, but it contains someone else’s order. Even if the company sends me a return label , but according to the FTC I can keep them because it’s “unsolicited goods” right ?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 29, 2021

The issue is not whether you can (and I would not expect any lawyer to do this research for you) but whether you should AFTER trying to find the proper/intended person. Listen to your own moral compass, regardless of what the answer turns out to be.

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1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: I received part of the settlement and the attorney has yet to get a hold of me what do I do?

My house burnt down my husband got an attorney they even worked with me into getting a settlement. My husband signed a paper saying that I was to get part of the settlement that his attorneys made him sign. And he already got paid his settlement I have tried to get ahold of the attorneys they will... Read more »

Julie King
Julie King answered on Jun 27, 2021

I would send the law firm a letter by certified mail (so you can prove they received it) saying both your lawyer and you have called the firm on multiple occasions, yet never received a response. Then say something like: this is your final notice that I want the settlement money owed to me and, if... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Can a dealership sell me a car with no title and had me pay to have smog passed fraudulently?

I bought a used car from a dealership 6 months ago. I received the temporary registration application from dealer and registration application says I need to get the car smogged. I go to a local smog check and the car fails due to the Cadillac converter being tampered with(serial #’s were... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 25, 2021

no, a dealer cannot sell you a vehicle without having title or having it smogged. You need to speak with an auto fraud attorney that will review all your paperwork and facts in detail and go over your options.

1 Answer | Asked in Consumer Law for California on
Q: A check was bounced regarding an issue with a mechanic. His product was defective and broke down.

We asked for a refund which he agreed to but he kept delaying our payment. It's been a year and he just told us now he is not gonna pay us back. We have all the receipts and text messages as proof.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 17, 2021

The BAR regulates repair shops. Give them a shout. Good luck with it...

https://www.dca.ca.gov/webapps/bar/complaints.php

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Does CA provide treble damages for violations of the refund requirements of California CIV § 1792

I know California (AG) takes extended warranties seriously as the FTC does and that the sellers of Consumer Electronic Warranties in California are required to refund consumers per 2005 California Civil Code Sections 1792-1795.7 Article 3. Sale Warranties.

If they refuse to refund the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 28, 2021

Honestly, if I were you and I was talking about the law, almost any law, I would not say "I know." Even lawyers rarely say it as the law is rarely written in stone, to say the least. CC 1792 discusses "implied warranties" and not 'extended warranties.' In fact,... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Where is an exact person at a real consumer agency that will action to get me a vehicle purchase refund? 6 mo, no title.

Vehicle purchased in Bellflower, DMV investigations I opened in January...DMV just talks about taking my vehicle away to impound and leave me in the streets walking and say courts are two years to get a refund but that was pre lockdown times. Most dealers left the state. I have insurance just... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 26, 2021

Your post is very hard to follow. That said, it appears you have at least one issue related to title? I think Attorney Colin Welsh may be able to help with this one.

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Civil Rights for California on
Q: Hi I was arresteded by opd searched my car and took a lot of money from me I haven went to court yet I think my case dro
Dale S. Gribow
Dale S. Gribow answered on May 24, 2021

more info would be helpful as i don't understand the question.

if you are trying to find out if/how to get your property back, it should have been booked into evidence and should be returned to you.

you should consult with a local lawyer to look into it.

however, you...
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1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: What can I do about a auto dealer not disclosing a wreck of a vehicle prior to my purchase

The manager has already admitted it was not done

Scott Richard Kaufman
Scott Richard Kaufman answered on May 18, 2021

You can probably sue, and potentially win and potentially get your attorneys paid, depending on how bad the wreck was and related money/safety issues.

1 Answer | Asked in Consumer Law for California on
Q: The ? I have is this false and misleading a costermer

I bought a motor for my car from Texas I m in California they texted me that it was out of a car the exact same year and model I asked for that it would be the exact fit when I got it it was from a jeep not a car and the oil pan the timeing chain cover would have to be changed because one has the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 18, 2021

get an atty in TX

1 Answer | Asked in Consumer Law, Real Estate Law and Business Law for California on
Q: is it legal for a storage company to change the locks on my storage uso they can access my storage at any time
Julie King
Julie King answered on May 17, 2021

I don't know of any specific law saying that is the case. However, the more likely scenario is that there is a term in the contract you signed when you rented the space. Read your contract or, if you need assistance doing so, hire an attorney in your area to read and interpret the contract for... Read more »

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