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Questions Answered by Scott Richard Kaufman
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 »

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: My 2018 Mattress, I never removed cover noticed it is now leaking glass. Daughter complains of itching, what can I do??

I bought the Modway Caroline mattress on Amazon 2018, my daughter slept on it for 1 year. Then went to sleeping on my bed. She does complain of itchy back, on and off. I am pregnant and having my third child thus purchasing them a new bunk bed+crib. After reading all these reviews about fiberglass.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 22, 2020

If this harmed your child it would be a travesty.

It's not clear how many people, yourself included,

would have avoided purchasing the product if it

was advertised as having fiberglass in it? Still, some

number of people may have opted to purchase a...
Read more »

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2 Answers | Asked in Consumer Law for California on
Q: I purchased a New 2019 Ram Promaster in CA in May 2020, with Open Saftey Recall

A New vehicle purchase in CA with Recall #W00 2014-2019 VF SHIFTER CABLE. The dealership sent me a free carfax for the van I purchased and it showed that parts were now available for the open recall repair. I called the service department to schedule the repair and was asked if I was the owner of... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 6, 2020

That is right. They are not allowed to sell a new vehicle with an open recall, so, have a lemon law attorney look at your sales documents.

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1 Answer | Asked in Consumer Law and Business Formation for California on
Q: If a small business/start up's corporate lawyer is married to the CEO, is that a conflict of interest or an issue?
Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 6, 2020

For whom? If they both agree to accept any conflicts I'm not sure there is one.

3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: Can i sue if i got a pacemaker that caused anothter serious problem and almost killed me on top of never needing it?
Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 8, 2020

Sorry to hear of your issues. Yes, you can. It's more of a "medical malpractice" case than a personal injury case.

I hope it works out for you and you recover fully.

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1 Answer | Asked in Consumer Law for California on
Q: Mechanic worked on car without consent.Bill over a grand.Now holding car until paid.Charging for storing too.Legal?

To be clear, mechanic did not discuss the work that was needed.Mechanic was not given consent to work on car. Mechanic worked on car. Now holding car until paid.

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 1, 2020

The law allows them to do the work if given verbal approval. Hard to prove one way or the other on this? Talk to the BAR and see if they can help?

2 Answers | Asked in Consumer Law for California on
Q: How can I get a credit union to drop post judgment intrest?

I paid the principle , prejudgment interest court cost and attorney fees and now I have a garnishment for an additional $7,800.00

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 1, 2020

Talk to a debt defense atty. While it is late in the game, you never know...

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3 Answers | Asked in Consumer Law for California on
Q: Hello, I’ve recently been sued by a debt collector and they didn’t want to settle for the amount I offered.

I can’t afford to do payment plans since I’m currently unemployed and husbands job slowed down. Please advice me on what’s the best route to take . I can’t afford a lawyer nor do I know how to go about this . Thank you in advance .

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 22, 2020

Lawyers who specialize in this area of law are not too hard to find and you may be surprised, in that, even if you actually owe the debt, sometimes there are legal ways out. Look up folks who handle FDCPA and FCRA cases for more help.

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2 Answers | Asked in Civil Litigation and Lemon Law for California on
Q: In bakersfield Ca can a car dealership sale me a car i paid cash for 7000.00 and not have it smogged within the 90 days.
Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 20, 2020

The general rule is PRIOR to the sale the seller must smog and this "duty" to smog may not be transferred to the buyer or anyone else, it non-delegable, even for a million dollars, BUT, there is a little known, even by dealers, exception, FOR dealers, bringing that up to TWO Years time.... Read more »

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3 Answers | Asked in Consumer Law and Tax Law for California on
Q: Can I get around the California car use tax by gifting the car to a relative and having them gift it back to me after?

I bought a used car back in May, when I lived in a different state. I moved to California now and noticed they charge a use tax (the difference in sales tax paid at my original state and the CA sales tax) if I bought the car within the past year of moving to California. Is it possible to circumvent... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 31, 2020

I'm not going to be quite as harsh although the prior two responses seem quite correct.

Are you not concerned that by gifting this thing to your relative that you would be putting them

in danger of having to pay your taxes?

If it's a tax question, you really...
Read more »

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2 Answers | Asked in Consumer Law for California on
Q: I rent a motel room i park my truck then after 2 hours the owner of the motel tell me the i can't park my truck because

it was old i park in the street then they stolen can I sui her

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 14, 2020

Yes. Make a claim on your insurance policy.

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2 Answers | Asked in Consumer Law and Internet Law for California on
Q: What are my rights if I ordered an item from an online retailer and received a more expensive item instead?

They discovered their error, asked for it back, and are now invoicing me for the difference.

It appears to fall under the "unordered merchandise" clause on the FTC website but want to clarify as technically I did order a different item and was sent something more expensive in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 5, 2020

One need not be an attorney to know the answer to this.

You ordered an item and you are entitled to that order and they are entitled to payment.

They sent you the wrong order. you either pay for it and keep it or you send it back and get a refund.

You are not entitled to...
Read more »

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1 Answer | Asked in Identity Theft and Consumer Law for California on
Q: My four-year-old student loan was just added to my credit report. It ruined my mortgage is this legal

I got a business school loan refinanced by local bank. At the time it seem like their policy was not to report the debt to credit bureaus. Four years later with a perfect payment history they decided to report it. It didn’t hurt my credit score but it did hurt my debt to income ratio and now... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 2, 2020

You have a right to accuracy. If it's inaccurate you have a claim.

3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 30, 2020

Here is a quick analysis of your post:

1- You and a Friend went on to private property;

2- You and your Friend knowingly broke their rules for being on their property;

3- You and your Friend knowingly put other peoples' lives in danger;

4- You and your Friend...
Read more »

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2 Answers | Asked in Consumer Law, Business Law and Gov & Administrative Law for California on
Q: Under CA laws can a used car dealer list price on Cars..com or Cargurus yet write a tiny disclaimer Add Ons Mandatory?

For cash purchase, I've found several dealers say I MUST purchase car with $1999-$3000 extra option. Is this legal?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 29, 2020

No. Not lawful. Report this to the dmv...

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2 Answers | Asked in Consumer Law for California on
Q: Is there a way for me to get my money back?

I resell bikes and I happened to buy a stolen bike and tried to sell it. This is my second time of trying to sell a stolen bike. The first time I sold the bike to someone but they traced the bike back to me. The second time the bike was taken from me and I was wondering if I can get my money back.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 28, 2020

The police obviously have a record O stolen bikes. Before purchasing you should check with the police to see if the bike is stolen?

Make sure to get the contact information from the seller with the driver's license. Then in trace the stolen bike...

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1 Answer | Asked in Consumer Law for California on
Q: if I havent paid my rent for 3 months and I still havent been able to pay will that be marked on my credit?

Hi I’ am a resident in San Ramon California leasing an apartment. Me and my roommates were hit really hard by the pandemic. We have been laid off by our jobs and we havent been able to pay the partial amount of are rent for 3 months and my question was will this go on my credit if I was not able... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 27, 2020

IF whoever you pay rent to is a "credit reporter" then yes.

IF you end up getting evicted in a court of law, then yes.

IF you can work it out with your LL, then no.

Good luck with it.

1 Answer | Asked in Consumer Law for California on
Q: Debt consolidation company took my money then didn't pay my debts or fulfill contract can I sue to get my $ back?

The Debt Consolidation company took their fees, ignored one creditors that filed a lien against me, the other sent me to collections, the third they stopped paying altogether, this company made me pay more than the original agreement because they said I violated my agreement. My credit was... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 15, 2020

Sorry for your issues. I like Attorney Mike Cardoza for these types of matters.

Please tell Mike I said "hello." Good luck with it.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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2 Answers | Asked in Consumer Law and Medical Malpractice for California on
Q: What does this mean in a settlement

The Consumer Settlement reached between California and Teva, which provides for monetary compensation to California’s Eligible Consumers in the amount of $25,2500,000 and injunctive relief through February 21, 2029, in exchange for, inter alia, the release and dismissal with prejudice of all... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 2, 2020

It means:

The math must be wrong, as no such number exists: $25,2500,000

AND it means IF you are a proposed member of the class, you MUST

reach out to the class counsel asap for direction...

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