Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Scott Richard Kaufman
1 Answer | Asked in Lemon Law for California on
Q: I bought a lemon and have been in and out of the dealerships for the last year being I purchased on 10/20/2021.

I'll try to say this as nicely as possible but in regard to my attorney, I'm beyond fed up at this point. 1. I've never even talked to the attorney himself I have to speak to the assistant who has horrible communication skills. She does'nt return my calls, voicemails or emails... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 11, 2022

Sorry for your issues. You may want to pay some one for 30 to 60 minutes of time to re-evaluate and or give a second opinion.

2 Answers | Asked in Consumer Law and Small Claims for California on
Q: I paid for a commissioned art piece in Nov 2019 and have yet to receive the item.

I have reached out to the artist multiple times and his excuse is that it is almost finished. He also said that he does cancelled orders and won’t refund. I do not see that policy anywhere on his receipt or website. I spent a paycheck to have this item made and cannot afford to “throw it... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 31, 2022

What you've seen already IS the best answer. See an attorney immediately for a case review to see what if anything can be done...

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law, Real Estate Law and Small Claims for California on
Q: In a small claims court in Ca., Can a married couple each file a $7,500 claim against a contractor who abandoned a job?

We are two senior citizens and retired teachers. Paid contractor $31,500 for a $26,500 job. He only did $15,000 of the job before he abandoned job.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 27, 2022

Start with a complaint to the state contractor's board and go from there...

1 Answer | Asked in Consumer Law for California on
Q: What would be considered a reasonable amount of time for a merchant to deliver purchase?

Even though the sales receipt states all sales are final if they fail to deliver can I request a refund?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 14, 2022

You are very likely to find your answer here at this CA GOV website, good luck with it!

https://www.dca.ca.gov/publications/legal_guides/m_1.shtml

1 Answer | Asked in Consumer Law for California on
Q: We purchased a 2018 Fleetwood Bounder 35P from La Mesa RV West Sac. on 2/20/2022. It had a recall they didn't address.

We have not been able to use the RV due to a continued problem with the kitchen slide. It has been worked on by 3 mobile mechanics, and in their shop 2 times. It is in their shop right now for a very long time. We have had the RV for a little over 7 months, and the slide stops functioning every... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 7, 2022

Can't tell IF you have a case without more info, BUT, since it is an RV and most are lemons, you may. THAT said, the CA lemon law covers "New motor vehicles" and "Consumer goods." Your RV is NOT a new motor vehicle. Also, to be a 'consumer good' under the CA lemon... View More

1 Answer | Asked in Identity Theft and Criminal Law for California on
Q: I received a letter from local cop stating he received a report of store theft from local supermarket. What do I do?

date was said to be 9/1 at around 7 pm, but I didn't steal anything from said store. also have no idea HOW cop or store got my name or identity. it is a store I've been to, but def did not steal and can't connect dots. need to know what to say to cop when he calls.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

Feels more like crimlaw than consumer law. AND while I do not handle crimlaw matters, I think it is VERY rare for a 'cop' to write a letter. I think if this is a misrep or a scam, you may have a nice counter (type) claim? Good luck with it...

3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

There are certain magic words and warnings they must give. I am not familiar with those words/warnings. SOUNDS like not necessarily a scam but, still unlawful debt collection? I'd seek an attorney who handles unfair debt collection and I'd be VERY wary of giving them a nickel as that... View More

View More Answers

3 Answers | Asked in Lemon Law for California on
Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.

I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 22, 2022

Depending on what type of warranty you got with the purchase, not likely any on a 2017 Chebby, you may or may not have a LL claim. The GREAT news is that the issue is only, so far, $300.00 and change. All too often these sleezy car dealers will end up costing you thousands and thousands on such a... View More

View More Answers

1 Answer | Asked in Consumer Law for California on
Q: I am having issues with a dermatologist who is not honoring the "deal"/set of treatments for a specific price, that we m

I paid quite a bit of money last year for some treatments for my skin. The doctor said she would include treatments for my hands, but she did not do those treatments and when I asked her about it, she was very defensive, but then agreed she would honor that. Now, she has decided she doesn't... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 14, 2022

Sounds kind of unethical on your part and on the doc's part.

Maybe there is (medical) board to complain to? Hard to say.

Good luck with it.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What consumer laws where broken when my insurance decided my personal property was business use and didn’t cover my loss

My engineering hobby has turned into an expensive hobby. On Jan 17th 2022 the owner of the building where i rent removed the roof during the rainy season and lots of my equipment was ruined. The insurance company did not honor my claim calling my equipment business related. My insurance was not for... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 12, 2022

What I see from your fact pattern is you failed to protect the items knowing the roof was being removed OR there was no notice the roof was being removed and that puts the LL on the hook. On your issue re: your insurance, you can argue until the cows come home and you may win??? But, so far, as... View More

1 Answer | Asked in Lemon Law for California on
Q: I purchased a used vehicle from a dealership in CA. 04/21/2022. it has been 107 days and dealer has failed to transfer

I called DMV and was told the dealership failed to transfer tittle. DMV also informed me that the dealership in fact had possession of the new registration "tags" at the time of purchase. However, i did not recieve those stickers. Registration expired in March 2022. Purchased vehicle... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 6, 2022

Anything else you should know? The law is rarely black and white and even when it is, some lawyer or some judge figures out a way to add a new shade of grey. We have an adversarial system of justice and that keeps both sides employed. Both sides argue and then typically, if they cannot settle... View More

1 Answer | Asked in Consumer Law for California on
Q: Can a car dealership employee use my financial information for personal use?

A employee of a car dealership where my brother bought a car from is using his information to gain information about him and our family. She was not involved in the transaction

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 29, 2022

Sounds very creepy and unlawful. I'd highly recommend Bob Brennan in La Crescenta for such a case. Please tell Bob I said hello...

1 Answer | Asked in Consumer Law and Animal / Dog Law for California on
Q: Dog Seller lied to me the puppy was a Teacup Maltese. But the dog grows bigger, more than 12lbs when she was 7 months

Due to the Craigslist's dog seller advertised the puppy was a teacup maltese and the parents were not more than 5lbs, i paid $3000 when i picked up the puppy when she was about 2 months old. But the puppy started to grow bigger, even when i took her to the vet to get her second shot vaccines,... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 25, 2022

Hard to say, but I'm sure you have options. Assuming you and the dog have bonded and love each other, I'd get a value for this one and assuming it is lower than $3,000.00 I'd demand the difference from the seller, if it were me.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Can I sue somebody for this?

I hired somebody to build the back part of my semi truck. The price agreed was $38,000. Throughout the past months I have sent him 30,000 for material & labor. The work was supposed to be completed 2 months ago. I learned that he has not bought material or started any work on it at all and that... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 22, 2022

Sure, you can sue. Most attorneys are likely to want a similar amount of money, or at least five figures I'd guess, to get this started for you, and hope in the end to be able to get some money from the 'bad guy' towards atty fees, but, there are no guarantees. The BAR has initial... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Products Liability for California on
Q: Hello, I have a property that I am renting out for a event. Need help with a release of liability form.

I want to make sure that I the owner is release of liability. Right now the way it is written doesn't seem to include me or my name.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 15, 2022

You do not want to 'talk' to strange lawyers on the net. Have your attorney re-do what s/he did to get it right.

View More Answers

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

Have yoru friend reach out with ALL writings and notes to a consumer protection attorney immediately AND also have your friend reach out to the CA DMV Investigations unit, to see if your friend can make some sense of this and get some protection. IF it is repossessed, even wrongfully, it is... View More

View More Answers

2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

The law in AZ is almost assuredly different than the law in CA and if you were in CA I'd advise you to reach out to the DMV, who monitors and licenses dealers, as those things are not required, that's a scam plain and simple. In AZ, they tend to care more about businesses than they do... View More

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: We got a new car in Cali 4 days ago. Can we cancel warranty added by the dealership?

We thought we got a good deal on a car. But on contract signing, we noticed there were warranty add ons totaling $6000. We told the financial guy we did not want all those, and he said it is part of the financing agreement since my husband is a first time buyer. My husband signed the contract and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 7, 2022

The answer to your question can be found at this site:

https://www.dca.ca.gov/publications/legal_guides/m_1.shtml

View More Answers

2 Answers | Asked in Criminal Law and Products Liability for California on
Q: I sold a truck on payments now Thay won't pay

We have a signed contract she made 3 of 6 payments sold the truck not telling me an now won't talk or tell me anything

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 4, 2022

You can refuse to give them title to the vehicle.

BUT, as described this is not a criminal matter.

Instead, it's a civil matter, a breach of contract.

View More Answers

2 Answers | Asked in Consumer Law, Criminal Law and Constitutional Law for California on
Q: Can I be arrested for stealing for walking outside to look at the plants they sell when I'm still on the premesis?

I was shopping at home depot and went to the garden center to look for Spanish lavender. I asked an employee where to find it and they told me it was outside on the sidewalk (where they keep hundreds of plants for purchase). I informed that employee and the one at the register that I was going to... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 30, 2022

Sorry for your issues.

Luckily this happened almost immediately after you spoke to the two employees

and you told the loss prevention folks AND they still have video of this event, so,

it's really a non-issue, right?

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.