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Questions Answered by Scott Richard Kaufman
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?

3 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: wife injured in her car. crashed in neighbors drvway 15 ft below us. She was the driver. Car was totaled.

air bag did not deploy. shoulder belt not wrkg fractured chest bone. Knee hurt. BMW X3'19

can we sue bmw faulty safety eqpt

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

So sorry to hear this. Yes, you can sue. Winning is always another matter, but, unlike criminal law, which requires a verdict "beyond a reasonable doubt" in civil law, you need only "more likely than not" or 50% plus a smidge. Still, they can admit fault and there be an... Read more »

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2 Answers | Asked in Consumer Law and Collections for California on
Q: Can a car dealership report a collection on your credit if is not your loan?

My fiance took out a car loan and when we went to pick up the truck, after already trading in our other vehicle, they changed the terms and asked for an additional $4k. I wrote a check from my personal checking account for the additional monies, but when we reviewed the paperwork, it was not in the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 3, 2021

Car dealers generally will not finance the loan and frankly, if they do, which is rare, they will not make reports to credit reporting agencies as that opens up a whole ball of wax (liabilities) that they have no interest in, so, the answer is "no" they are not likely to do this.... Read more »

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4 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Broke my filling while flossing. No warning on floss packaging about potential issue. Bough floss at walmart. case?

I was flossing and accidentally broke my filling. I used the floss as advertised. There is no warning on the flossing package of the possibility of breaking a filling. Is it worth sueing the floss company for not including a warning on their packaging to get them to put a warning on their packages?... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 7, 2021

Attorney King was very kind and thoughtful in her response.

The issue is causation. Can you prove that it was "but for" this event?

If so, you are good to go, then you need to prove damages, so, how

much did this cost? You get the picture. It's not likely to...
Read more »

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1 Answer | Asked in Products Liability for California on
Q: Someone is Threatning to sue me for a truck I sold because supposedly I had sold it to him with a bad motor. What to do?

Car did have issues but was stated on the add.

I’m in California

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

Try to avoid it or if he or she sues, defend against it.

2 Answers | Asked in Estate Planning, Consumer Law and Real Estate Law for California on
Q: How long can a home remain in a deceased persons name?

My grandmother died several years ago leaving 2 houses paid for. How Is it possible for a house to still be in her name today, and with a loan on it in her name as well? The properties were inherited by her one surviving daughter who did not want either of them in her name (she had an automobile... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 14, 2021

This sounds like two things:

- An obvious attempt to cheat the system re: someone they harmed;

- Some sort of potential sour grapes on the part of the asker, who, by the fact pattern, had zero interest in either of the properties, leaving it unclear as to why the question is being...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Can I sue the repossession company for never sent me notice after repossessed my car?

The incident happened on 01/03/2020 when my car was repossessed at 8:00 o'clock in the morning due to the late response back to the finance company about the vehicle title that they need me to mail in along with POA signed document but I did it late like 1 month(All my payment is paid on time... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 11, 2021

That's a definite "maybe." I like Steve Simons (atty) for these types of cases. Please tell Steve I said hello.

3 Answers | Asked in Consumer Law for California on
Q: I was turned away from buying a bottle of alcohol because my partner, who didn’t have her ID, brought it to the counter?

I was the one buying it and I had my ID, but because the cashier saw her holding the bottle, she said she needed an ID too, even though I was buying everything. We were told to leave the bottle, then I had to go grab a new on myself. Is this the law in CA?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 7, 2021

I doubt it is the law. See the prior response by Atty Light.

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: While I have occupancy of a motel room, can a maid legally enter without knocking? There was no emergency and no reason

The maid opened the door twice that day while I was in my room. I told the manager who was unaware of the 2 events. I asked that nobody enter my room while I was away. My request was not honored.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 2, 2021

Let's see, "you asked that no one entered your room while you were away" and you said that was not honored. I do not see that here and unless you were filming, you cannot prove same. As for entering when you are there, it's entirely possible there was knock, both times, but you... Read more »

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I have been ordered to remove my boat from the marina. Sheriff's office has my keys, will not release them..options??
Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 28, 2020

probably depends on the wording in the order, who made it and why they have your keys. Simplifying, if it were me and based only on what you are saying so far, I'd assume the order was legal and I'd use my other set of keys...

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3 Answers | Asked in Consumer Law for California on
Q: can a bank deny a car loan even after the car is registered in owner's name?

purchased a car at Stead Hilltop Ford with $7000 down, $10,000 on credit. Have had the car a month, then a letter from Wells Fargo came and denied my loan because of a 612 credit score. Does Stead get the car back, and I get all my money back, or does Stead carry the note?

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 26, 2020

You need to read every word, literally, in your sales contract. The answer is likely in there...

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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for California on
Q: Hey all, so I have this problem with my car that I already turned in.

Then I get a bill in the mail for the missing headrests. I panic and called the phone number on the paper. And they tell me that there is nothing they can do about it and that the dealership is the one in charge. so I got in contact with the dealership and the dealership isn’t taking any action... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 24, 2020

Sorry for your issues. This shows just how important writings are. If you had this "pre-inspection" you could/should have seen the items marked as missing and made some noise there. If you took pictures (which are considered a writing) you have proof. If you have your drop off documents... Read more »

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