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2 Answers | Asked in Consumer Law and Contracts for California on
Q: I bought a used luxury vehicle in 2020. Since the beginning the vehicle has been a lemon. Corporate won't respond. Help.

I bought a used Lexus in CA in 2020. Since I literally left the parking lot, the light on the dashboard has been on. The vehicle is constantly needing service. I have tried several times to contact corporate, but they still have not returned my calls or emails. The dealership is very... View More

Leon Bayer
Leon Bayer
answered on Dec 18, 2023

This is apparently not a lemon law problem. Lemon law applies only to vehicles that are still under the manufacturer's warranty. You bought an after-market warranty. However, you have plenty of very legitimate grievances. The Better Business Bureau and the Calif Dept of Consumer Affairs... View More

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3 Answers | Asked in Bankruptcy and Family Law for California on
Q: Why do I have to give my husband’s bankruptcy attorney my income and pension information? We live in California and name
Leon Bayer
Leon Bayer
answered on Dec 14, 2023

Think about it. It's logical. (Also, the law requires it.) Here's why that is.

First, you live in a community property state. The law says that community property belongs to both spouses, even though you yourself don't practice doing that. The law overrides how you and your...
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2 Answers | Asked in Real Estate Law, Consumer Law, Contracts and Business Law for California on
Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.

June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the... View More

Leon Bayer
Leon Bayer
answered on Dec 7, 2023

Problems like this really can't be solved without significant homework. It is urgently necessary to put together copies of all your receipts and then see if it all adds up to the number of payments, (plus any late fees) that should have been paid going back to the beginning of the contract.... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Leon Bayer
Leon Bayer
answered on Nov 21, 2023

You can sue the mechanic. Your claim for damages is going to be the daily rental value of the vehicle. Keep in mind that you must prove the case. Your uncle's testimony will be needed in court. However, ketchup packets normally do not have the name and address of a restaurant. Usually, it says... View More

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2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

Leon Bayer
Leon Bayer
answered on Nov 20, 2023

It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.

The law strongly favors seeing the bank recover...
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3 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: I rent rooms in my landlords home. The home is very old and needs repair and maintenance. Landlord wants more money

The house is old lacks insulation weather stripping it is poorly insulated very hard to keep comfortable . There is a leak in roof also leak in the wall behind kitchen sink causing water damage underneath the sink and in the cabinetry along the wall. There is mold in the bathroom these a just few... View More

Leon Bayer
Leon Bayer
answered on Nov 9, 2024

It sounds unpleasant. You should move.

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2 Answers | Asked in Consumer Law for California on
Q: If a company admits wrongfully withdrawing funds from my bank account, and hasn't corrected it should I seek legal help?

Used an online honeymoon funding platform, but the 3rd party verification they use to authenticate a users identity (Stripe) randomly bugged out and couldn't verify my identity, so my funds were left pending in the funding platform payout system. After a few weeks the platform still... View More

Leon Bayer
Leon Bayer
answered on Oct 31, 2024

A lawyer will cost you at least several thousand dollars. Obviously, that's not the way to go. Maybe small claims court will give you some relief.

Ask your bank if they can reverse the payout, back-charging the payee and putting the money back in your account.

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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Leon Bayer
Leon Bayer
answered on Oct 16, 2024

There are many lawyers who specialize in this kind of case, and I believe the lawyer fees can be recovered. Do a Google search for the names of lawyers who do this work against IEP, OC Regional center, IHSS.

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2 Answers | Asked in Consumer Law for California on
Q: If a charge off is income, it can not be a bad debt. True, so it shouldn't be on ones credit report correct?

According to the IRS a Charge Off is income, thus can not be a debt. Also a dollar bill is merely a promissory note. A debt note, which technically can not pay any debts. Example, you use dollar bills to pay PG&E, but they use the remittance to actually pay the bill. So what do they do with the... View More

Leon Bayer
Leon Bayer
answered on Oct 2, 2024

A credit report is a scorecard of how an individual has performed on their promises to repay a financial obligation. A charge off on your 'scorecard' does not say anything good about you and will appear on your credit report for 7 years. Maybe even longer if you have been sued by them.

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2 Answers | Asked in Bankruptcy for California on
Q: Our CA S corp has a $244k EIDL loan. Our business closed and we don’t have assets or inventory. Is Chapter 7 the answer?
Leon Bayer
Leon Bayer
answered on Oct 2, 2024

Bankruptcy could be helpful. But how do we know? The advice you get on a question-and-answer site is general, and never specific because no conversation is taking place. In response to a question like yours, I doubt you can get an answer that is actually helpful.

Go see a bankruptcy lawyer,...
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2 Answers | Asked in Consumer Law for California on
Q: If someone sent me a text saying they sent me a thousand via CashApp but it was just click bait can I sue them?

It's to promote their monetized social media channel.

Leon Bayer
Leon Bayer
answered on Oct 1, 2024

You have no case because you were not damaged.

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2 Answers | Asked in Consumer Law and Collections for California on
Q: **Update to pd towed vehicle ? **

The registration was due while in their possession, Thats why I started to call about it, I needed to know how long until I would have it back or if there was a specific way to inform the CA DMV about the situation which I stated in my voicemail as well. I know Ill never get my car back now :(... View More

Leon Bayer
Leon Bayer
answered on Sep 30, 2024

You may sue the police, (or the city) for the value of your car and your personal property that was in the car. Small claims court might be a good place for your suit. There are strict time limits and notices that must be given to a governmental entity before you are allowed to sue it. You will... View More

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3 Answers | Asked in Collections, Communications Law and Legal Malpractice for California on
Q: I was told I would get my car back as soon as an investigation was finished but they sent it to a tow yard instead!

My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More

Leon Bayer
Leon Bayer
answered on Sep 30, 2024

I am thinking that maybe your car was impounded because it was unregistered, (you hint at registration fees owed). You say that a couple of months have passed, but it was really almost a year ago. I think you will get better advice if you submit a new question with clear details.

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: judgment awarded and lien on my property over 6 years can i still file a motion to vacate included in bankruptcy?

bankruptcy was filed during and/or after the filing of the lien was filed by creditor.

Leon Bayer
Leon Bayer
answered on Sep 7, 2024

You need a bankruptcy lawyer to look at the date of the judgment, the date of the lien, and the date the abstract of judgment was recorded. That is the only way for you to know what you might be able to do.

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2 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Can attorneys for credit card debt lien a house with a reverse mortgage?

Can they attach money received in reverse mortgage? We are seniors with considerable health conditions. The credit cards are my husbands. Can they go after my individual accounts? Thanks in advance!

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

They can attach money you get from your mortgage as soon as you receive it. So instead of running away from the problem, why don't you solve it? Go see a bankruptcy lawyer immediately.

The lawyer will be able to advise you on whether your home will be protected in a BK, and if you are...
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4 Answers | Asked in Consumer Law for California on
Q: Can the owner of a business (laundry) deny me service because I posted a negative comment on Google maps ?
Leon Bayer
Leon Bayer
answered on Jun 6, 2024

Sorry. It is perfectly legal to deny you service based on your negative review.

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3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

Look at your booking contract to see if they have the right to do it.

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2 Answers | Asked in Consumer Law for California on
Q: GE Appliances did not honour warranty of their refrigerator unit, it is 3 ms old, was fighting emails battle & no result

GE Rep. did everything to not to do anything… I have sent A LOT OF EMAILS, was getting promises of different type and for over 3 month NOTHING was done,.. I want to take ‘em to court for negligence and not honouring their warranty,. What are the chances to get em to pay a substantial fine and... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

You can't go into court with only the argument that they won't honor the warranty. You will have to be specific.

You should submit a new question and describe the warranty problem. It's hard to believe that GE will not honor a valid warranty claim.

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2 Answers | Asked in Consumer Law, Civil Litigation, Internet Law and Gaming for California on
Q: Is it false advertising if a company said they wouldn't censor their game but then censors it on day one with a patch?

SHIFT UP. And Sony Interactive Entertainment explicitly said that the game Stellar blade would not be censored. Most of the physical copies are but the digital ones are not. In fact there was a day one patch to censor the costumes and sometimes it was forcibly thrust upon people. I'm not sure... View More

Leon Bayer
Leon Bayer
answered on May 11, 2024

It sounds like there are no legal violations.

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2 Answers | Asked in Banking and Consumer Law for California on
Q: Credit card dispute

◦ I applied for affordable housing and paid the required deposit. The agency reviewed my income and bank statements. However, they unexpectedly requested access to my “IRA retirement account,” which I consider confidential. I asked if I could hide the account number, but they rejected this... View More

Leon Bayer
Leon Bayer
answered on May 7, 2024

In my opinion their action is very justified. For all anyone would know, your IRA might have

$1 million. You already provided bank statements, so don't expect us to believe that you won't provide the IRA statements "due to privacy and security concerns."

Please...
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