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Questions Answered by Scott Richard Kaufman
2 Answers | Asked in Consumer Law and Probate for California on
Q: My deceased sister's car was towed and held in the tow company's lot. They're demanding $10K in storage fee's, in Ca.

Her boyfriend used the car after her death but had it towed claiming it was abandond in his driveway 6 months later when he found out her sister (heir) had been found. Isn't there a limit to storage fee's in Ca.?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 23, 2021

So, great response by Attorney Kane. AND I'd ask him if I could (no space for it apparently) whether the debt ceases to exist or be collectible, upon the passing of the owner? Also, I'm confident that the tow yard can sell the vehicle at auction, with proper notice, and then collect some... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Can a cashier in a grocery store ask my age directly? I did not buy any age related items. Illegal? Thanks!
Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 22, 2021

Illegal like a crime? Your question is hard to understand.

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

1 Answer | Asked in Lemon Law for California on
Q: I’m reaching out to you guys trying to seek advice For buying a faulty car from a private party

For buying a faulty car from a private partyHe advertised it as it had no problems never told me that he had a problem he actually told me that it was a really good working car and he had no issues with it I drove off and the check engine light came on and it’s an expensive fix

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 4, 2021

Sorry for your issues.

Lemon law is warranty law.

This seller likely did not give you a warranty, so, no lemon law claim. Sounds like you were lied to and you think you can prove this. That would be fraud. For a fraud claim, your reliance on his lies must be...
Read more »

2 Answers | Asked in Consumer Law for California on
Q: Can the car dealership void a contact and make me sign a new one?

I went to the dealership, secured a loan, paid a down payment, signed a contact, and brought the vehicle home. Three weeks later the dealer wants me to sign a new contact? Is this legal? Can I keep the old contact? They also want me to sign something else releasing them from any obligations and say... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 9, 2021

Contract law is usually fairly simple and straightforward. Virtually any attorney can read your contract and the new proposed contract they want you to sign and the other related writings and answer your question for you.

You will likely have to pay a modest fee for the attorney's...
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1 Answer | Asked in Lemon Law for California on
Q: I have a paid off ATV vehicle I sent it to a shop to get cosmetic upgrades. While at the shop it got flipped.

My off road vehicle was allegedly used off the business property to get pictures taken. The vehicle was taken out of the property without permission and an employee of the business rolled it and flipped it. The vehicle was initially taken with no prior damages.

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 5, 2021

Sounds like you have a question. I'll guess it is, what can you do here?

You can make a demand of the dealer to put you back where you would

have been had this not happened. Dealer will likely reject. You will then

likely have to sue dealer in small claims court. Good luck with it!

1 Answer | Asked in Lemon Law for California on
Q: I filed lemon law in Calif. Lemon Law Group Partners and received a message from Chrysler agreeing to buy the vehicl

back. I have not heard from them about the buy back but they want file suit for Chrysler contacting me in violation of cease and desist order and told me not to respond to Chrysler. Are they dragging it out to bill more fees and should go ahead and contact Chrysler myself?

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

So, who knows what they are thinking other than them?

It is not clear to me that THEY contact FCA for you or if you

contacted FCA on your own first and then FCA is responding

to your contact or to their's? That could make a difference.

As a lemon law attorney...
Read more »

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 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 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

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 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 and Contracts for California on
Q: Is there any legal action I can do since I haven’t received my money in almost a month???

I happened to sell my car to a dealer and i was supposed to get my money wired but my bank does not accept that and it’s been almost 1 month and it hasn’t gotten wired back to the account that sent it to me. I’m tired of waiting for my money I feel it shouldn’t take this long at all . They... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 5, 2021

Breaking this way down to basics:

You have an agreement to give them a car and for them to pay you.

They now have the car and the money, which is not OK.

You can be patient and hope this works out, but, that is not real likely.

You can get legal help....
Read more »

1 Answer | Asked in Consumer Law for California on
Q: wife won settlement lawyers received settlement 3 months ago and have not given my wife her part

Can they hold the money

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

So no one "wins" a settlement. That's why it is a settlement, to avoid winning/losing.

Your wife would have had to have signed off on the settlement to get one.

How do you know the lawyers have the money?

AND why are they saying they are not realeasing the...
Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for California on
Q: Hi We live in Saratoga, CA and are having problems with our neighbors across the street.

The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 12, 2021

IF THIS: "We went to the city, but the code does not have any light-trespassing/pollution laws"

is true, it may be tough to sue them? Perhaps you can find a way to limit that intrusion?

Higher hedges? Some shades?

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