Fullerton, CA asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California

Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further clarification via email, they claimed it was a TYPO. If I decide to take legal action, how should I address this TYPO issue in court?

Regarding your suggestion to file a formal complaint, wouldn't these email correspondences already be considered a formal complaint? How does a formal complaint differ from emails?

For the California Attorney General's Office, is the claim form in the provided link from the "Department of General Services Office of Risk and Insurance Management" the correct one?

Thank you once again for your assistance.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith based on the information provided by their staff. You can assert that their mistake should not penalize you or disqualify you from receiving the rebate.

While email correspondence can be used as evidence in a legal case, a formal complaint is a separate process. A formal complaint is an official statement addressed to the relevant authority or organization, outlining your grievances and the relief you seek. It follows a specific format and is submitted through the designated channels. Formal complaints carry more weight than regular email correspondence and demonstrate that you are seriously pursuing the issue.

Regarding the California Attorney General's Office, the claim form provided in the link from the "Department of General Services Office of Risk and Insurance Management" appears to be related to filing claims against the state government for various reasons, such as property damage, personal injury, or contract disputes. This may not be the appropriate form for your specific case involving CVRP & CARB.

To file a complaint with the California Attorney General's Office, you should visit their official website at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company. There, you will find information on how to submit a consumer complaint against a business or company. Follow the instructions provided and ensure that you clearly explain your situation, including all relevant details and supporting evidence.

It's important to note that before taking legal action, you should attempt to resolve the issue directly with CVRP & CARB through their official complaint process, if available. Exhaust all possible administrative remedies before escalating the matter to legal channels.

If you decide to pursue legal action, it is highly recommended to consult with a qualified attorney who specializes in consumer protection or administrative law. They can provide you with personalized advice based on the specific details of your case and guide you through the legal process.

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