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Questions Answered by Scott Richard Kaufman
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 »

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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