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Questions Answered by Scott Richard Kaufman
1 Answer | Asked in Consumer Law for California on
Q: Prepaid for 30 personal training sessions at a gym, used 11, then moved out of area. They won’t refund remainder.

Am I legally allowed a refund of services even though it’s past their “5 day refund” timeline for full refund? I did sign their contract and whatnot but at this point, it’s services not received for money spent. Am I entitled to a refund?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 24, 2022

I've seen this before can't remember exactly when/where but, almost all legit gym contracts have a clause in them about moving out of the area. The question is how they define out of the area and how you define it. So take a look at your contract for your answer!!

1 Answer | Asked in Consumer Law for California on
Q: I have paid for a gift certificate to a massage service. They will not schedule unless i provide a credit card.

There is not a policy on my gift certificate or on website that says this. Is this legal? They have my money already.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 21, 2022

Plenty of possibilities including that it IS in there somewhere?

That said, in that business, they often get no shows. The credit

card is their security against this, as they normally charge for

last minute cancels. Life may be easier to just give them the

number,...
Read more »

2 Answers | Asked in Consumer Law for California on
Q: Is it legal for a dealership to sell a car that the previous owners bank still has a lien on?

This is causing me to not be able to get my registration and license plates. My temporary plates are 2 weeks expired already.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 13, 2022

Typically, that would be unlawful. There is also a statute on point that can penalize the seller for failing to get clean title and/or registration for it.

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1 Answer | Asked in Consumer Law for California on
Q: I bought tickets to Rolling Loud CA a 3 day festival and never received the tickets till Day 2 was going on. Can I sue?

I have all messages and unanswered questions and the confirmation delivery. I messaged them multiple times for help or to get new tickets but they could not offer a refund or anything.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 3, 2022

Sure, you can sue. Good luck with it!!

2 Answers | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a new ford Mustang Machi full electric car, the sticker said in a fullcharge 211 i am getting 145 . brand new

iwent back to the dealer after 1 week it was 179 miles full charge and they told me because its new it should catch up and then went back the week after and it was 170 miles full charge and the car had 400 miles at the time, they said you have to drive at least 1200 miles for the car to adjust, i... Read more »

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

I think a lot of lemon law attorneys would consider taking this case.

To me, your life is much simpler if you SELL the vehicle now, since it is likely worth

as much or more than what you paid for it and then just buy a different one.

Either way, I hope it works out for you.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Does a 30 day used car warranty resume or reset after it has been in repair within that time?

I bought a used truck from a used car dealership that offered a 30 day warranty. After 6 days I sent it back to the dealership to get the sunroof fixed. It wouldn't open. The car is now approaching the 30 day warranty mark while in the dealers possession. Since I've only had possession of... Read more »

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

There is a provision in the CA lemon law that provides that the number of days the vehicle is in the shop extends the warranty by that number of days. AND if the issue is not fixed, the warranty remains in place on that issue until it is.

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...
Read more »

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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.

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