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Questions Answered by Scott Richard Kaufman
3 Answers | Asked in Consumer Law and Small Claims for California on
Q: car repair rip off

Dealership increased the repair cost from $500 to $4,300 and repaired the car with no authorization

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 23, 2022

I see no reason to respond here as Mr. LeBel has handled it quite nicely.

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1 Answer | Asked in Consumer Law for California on
Q: I’m buying a car from the lady I rent from. She’s charging me $8,500 for the whole car. I’ve already paid $5,600.

I pay her weekly for the car. I was short on my last payment to her. I told her I need one more day to go make the money so that I wouldn’t be behind. She said that’s ok. Then early the next morning she comes and picks up the car. Can she do that? The car is registered under my name.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 20, 2022

Well, she did it apparently? Check your agreement to see if she has the right to do it? My guess is she likely does not have such a right. Also, if this is a landlord, any fight could get ugly, as in, you may end up losing your place of residence? You will want to sit down with an atty asap to... View More

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can a store charge you a restocking fee if item has not been delivered because they keep changing the ETA

and you cancel the order?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 17, 2022

Generally, I'd say that not a lawful move. You may want to see all agreements you signed or signed off on and have them send their written policy on this to you and where you can find it in the contract and/or online...

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: Horses at my so called friends house she went and bought hay

My friend ( so I thought) said I could keep my horses at her house. I told her I would provide hay I just need a day in advance notice. Well she never said a word to me and went and bought 10 bales of hay and wants me to pay her for them or she won't let me remove my horses. She knows that I... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 16, 2022

You have not asked a question, but, I'll pass on some thoughts:

a- You need to move your horses asap

b- IF you have to pay $180.00 to do it, you should

c- if you are not happy after paying it and getting your horses, you can then sue, if you want.

d- as a human...
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1 Answer | Asked in Consumer Law for California on
Q: We are selling our home located in California. We signed the listing agreement a month ago, but it is still not listed

Our agent told the tenants not to submit their offer if it was less than $900,000, this amount being $100,000 over the listing price in the agreement. This was conveyed without our knowledge or consent. How is this legal?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 16, 2022

Hard to say without seeing your contract, which you should read AND you should

also hire counsel to review it. That said, IF you had the relationship (you likely did)

with the offerer before you signed a representation deal, it's entirely possible you

can accept the offer...

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: what kind of lawyer do I need if I want to sue or take to small claims court fidelity national home warranty?

I need lawyer in my area (zip code 91335) to consult about taking a lawsuit against fidelity home warranty for denying credible claims.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 16, 2022

In CA lawyers are not allowed in small claims court.

Warranty law is otherwise known as lemon law.

Consider trying a lemon law atty for help...

3 Answers | Asked in Consumer Law and Collections for California on
Q: What should I do when contacted by a commercial debt collector for invalid debt?

I received an email from a debt collection agency. I requested a debt verification from them, and they say that they are a commercial collection agency and the debt is not subject to FDCPA. Also, they sent me a document that does not show me the debt belongs to me. Is it legal to they keep... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 18, 2022

As you can see, this may in fact revolve around whether this is a commercial debt. Is it?

If you are worried about it, it must be a pretty small biz? Anyhow, there are solid attorneys who

handle debt defense who can help, likely the two who've already responded. Good luck with it.

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3 Answers | Asked in Personal Injury and Products Liability for California on
Q: Seeking lawyer for finger(s) amputation by Hobart Meat Saw in Tulare County, California. Any direction, please?

Lawsuit just filed. I am Plaintiff's lawyer, but that is not my area of expertise.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 17, 2022

Plenty of folks out there to handle such claims.

You should reach out to a few. This site does

not recommend attys nor does it allow same.

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: Sued for breach of loan contract. Want to settle with payment plans. Bad idea to talk to other side's attorney directly?

Younger me was stupid and made a lot of mistakes, credit-wise. I was served a summons, found out I am being sued by a creditor in my local California Superior Court in my county. I want to settle and ask for a payment plan and avoid going to court if possible to save time and money. Would it be... View More

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

You WILL want to talk to a debt defense attorney as:

1- The statute of limitations MAY have expired already?

2- They MAY be breaking some laws in HOW they try to collect?

3- IF 1 or 2 is correct, they MAY have to pay your attorney AND pay you!!

Good luck with it.

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1 Answer | Asked in Consumer Law for California on
Q: Car dealers are advertising “selling prices” and when I call them, they tell me the prices are not valid. What can i d

Two car dealers in my area are advertising a “seling price” on new vehicles and when I call they tell me the web site or ebrochure they sent are not up to date. Isn’t that false advertising?

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

Yes, that sounds like false advertising, but, like all things car dealers do, they almost always have an 'out.'

In this instance, my GUESS is they have an 'expiration date' on the pricing. If they do not and do not have disclaimers, you may have a case against them, maybe.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Collections for California on
Q: What is the statute of limitations in CA to sue an auto mechanic for fraudulent mechanics lien & unlawful lien sale?

An auto mechanic was holding my vehicle for free until I was able to come up with 50% of the estimated cost to repair which was required before they would start the repairs. I offered several times to have the vehicle towed to my home until I had the money required but they assured me it was fine.... View More

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

Sorry for your issues. Your fact pattern is not clear. You seem to be mixing up "lien" and "sale."

Starting a lien is one thing. Executing on it, or SELLING the vehicle is something else. Either way

notice is certainly required on each and if it is farily recent,...
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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,...
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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... View 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... View 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... View 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.

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