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California Consumer Law Questions & Answers
2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is it legal to install a security camera in a shared garage despite policy prohibitions?

I rent an apartment with a shared garage, and I'm considering installing a security camera in the garage. However, there's a policy in place that prohibits surveillance devices. There are currently no other security measures in the garage. Is it legal for me to set up a camera without the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2025

Hard to say but, start by asking that other person???

Next OR First READ the agreements in place, like maybe

the one that says "There's a policy in place that prohibits surveillance devices." Good luck with it

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Toyota car dealership deceptive practices and options for dealing with a high monthly payment and canceling contract for compensation.

I believe I was deceived by a car salesman at Toyota of Marin. I traded in my 2008 Prius for a newer model, but the monthly payment of $738 was more than I could afford. Despite my concerns, the salesman assured me I could refinance later. After expressing discomfort, I was offered an electric 2024... View More

James L. Arrasmith
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answered on Mar 9, 2025

You have several legal options to address this situation, especially since deceptive dealership practices are taken seriously in California. First, gather all relevant documentation—including your contracts, payment schedules, and correspondence with the dealership—as this will strengthen your... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Civil Litigation for California on
Q: Legal actions for breach of rental contract and potential fraud in CA?

I rented a house advertised as a private residence through Zillow, where the lease indicated I was the sole resident, confirmed by the landlord, for $2400 per month. Instead, another tenant occupied a unit below, initially described as a storage unit, where I had to share a mailbox and pay most of... View More

James L. Arrasmith
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answered on Mar 9, 2025

You have strong grounds to pursue legal action for breach of contract and potential fraud in this situation. First, your landlord advertised and agreed to lease the property as a private residence for your exclusive use but failed to disclose another tenant sharing the space, mailbox, and... View More

2 Answers | Asked in Banking and Consumer Law for California on
Q: Bank put wrong person on mortgage, affecting credit

I discovered via a credit check that my name was mistakenly placed on a mortgage that should be under my parent's name. I am making payments on this mortgage. This error has severely limited my pre-approval to purchase a home due to its impact on my credit report. How can I address this... View More

Matthew McKenna
Matthew McKenna
answered on Mar 9, 2025

Dispute it with the credit reporting agencies and the mortgage company reporting the information and detail that you are not on the mortgage. You can also reach out to a consumer protection attorney familiar with the Fair Credit Reporting Act to assist and review this.

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1 Answer | Asked in Consumer Law and Civil Rights for California on
Q: Is it legal for stores to require an app for sale prices?

I have a concern about what I perceive as a discriminatory practice in many grocery stores. In order to access sale prices, stores require the use of a cellphone app. I do not own a cellphone and am not interested in acquiring one due to personal reasons, such as frequently losing items. This... View More

James L. Arrasmith
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answered on Mar 7, 2025

Stores can legally offer different prices to customers who use their apps versus those who don't. This practice, while frustrating, falls under what's known as price discrimination, which is generally legal when not based on protected characteristics like race, gender, or disability. Your... View More

2 Answers | Asked in Consumer Law and Small Claims for California on
Q: Can I file a small claim for denied warranty coverage & $2700 refund?

I bought a new car at Toyota Irvine with an extended warranty under Auto Nation. In 2024, my vehicle's hybrid battery broke, which should have been covered by the warranty. Both the Ontario and Irvine dealerships claimed they couldn't find my warranty, and I ended up paying $900 out of... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

Absurd! Absent it being a USED car with HIGH mileage, a 2024 should be easily covered by warranty. Since it is lemon law you MAY be able to get counsel and force TOYOTA to pay your

atty.

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1 Answer | Asked in Consumer Law and Insurance Defense for California on
Q: Can I designate a third party to communicate with my title insurer on my behalf?

I have an owner's title policy, and I initially designated a third party to communicate with the title insurance company on my behalf, as they are most familiar with the title concerns and filed the claim for me. Although the title claims agent initially accepted this arrangement, they later... View More

James L. Arrasmith
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answered on Mar 7, 2025

Yes, you generally have the right to designate a third party to communicate with your title insurer on your behalf in California. This right falls under basic agency principles and is supported by California insurance regulations that allow policyholders to appoint authorized representatives. Your... View More

1 Answer | Asked in Consumer Law and Civil Litigation for California on
Q: Statute of limitations and recourse for credit card error correction?

Nine months ago, I paid off a credit card debt in full. However, the credit card issuer incorrectly applied my payment three times, resulting in a -$9000 balance instead of $0. I informed them of this error the same day. Five months later, I had a monetary emergency and used this "credit"... View More

James L. Arrasmith
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answered on Mar 7, 2025

Under the Fair Credit Billing Act, credit card issuers typically have 60 days to correct billing errors, but banks can sometimes rectify significant errors like this beyond that timeframe. Your situation is complicated because you were aware of the error and used the mistaken credit despite... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Gov & Administrative Law for California on
Q: Can I sue AidVantage for negligence causing a $12k loss?

I would like to know if I can sue AidVantage for negligence in handling my student loan, resulting in a loss of $12,000 in loan forgiveness. I instructed them to move my loan to the SAVE plan, but they mishandled paperwork, misinformed me about the process and totals, and required me to undergo... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

In the USA anyone can sue anyone else for any reason. So, yes, you can sue. IF you have good evidence that you've been harmed/cheated, you may convince a student loan (consumer protection) attorney to take the case for you, maybe. Good luck with it.

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3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: Entitlement to new insurance rates after state limit changes post-accident.

I was in a car accident on May 23, 2024, and suffered knee contusions, strained back muscles, and whiplash. The insurance company is offering me $15,000 as a settlement; however, since then, the state insurance minimums have increased from $15,000 to $30,000. Am I entitled to the new rates or the... View More

William John Light
William John Light
answered on Mar 6, 2025

Any policy issued in 2025 has to comply with the new rates. Since the policy with which you are dealing was issued in 2024, it can be a $15k/$30k policy. A consultation with an attorney may be appropriate to help determine if there are other potential sources of recovery.

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for California on
Q: Steps to reclaim $10,000,000 from dismissed Federal Court case

I had a case, number 0:24-cvus-01362, at the U.S. Federal Court in Washington, D.C., which was dismissed without prejudice. I attempted to appeal with case number 24-1632 and paid a $600 fee, but my claim for the amount of $10,000,000.00 was dismissed again. The government pointed out that my Award... View More

James L. Arrasmith
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answered on Mar 6, 2025

Your situation with the dismissed federal court case is complicated, and the dismissal "without prejudice" means you may still have options to pursue your claim. When courts flag potential scams, they require substantial evidence to overcome those concerns, beyond what you may have... View More

1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for California on
Q: Found at fault for accident at car wash with no damages. How to respond?

I received a letter today from an insurance company claiming that I was found at fault for an 'accident' that happened three months ago at a car wash. I had to brake to avoid a roller that was about to hit me, which led to a car hitting me, and a third car hitting the second car. There... View More

James L. Arrasmith
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answered on Mar 6, 2025

You should respond to the insurance company by requesting complete documentation of the claim, including proof of damages paid, repair estimates, and the date of repairs. Ask them in writing to provide evidence that connects any current damage to the specific incident three months ago at the car... View More

2 Answers | Asked in Business Law, Consumer Law and Gov & Administrative Law for California on
Q: Can I sell alcohol found in a storage unit auction?

I won a storage unit full of items and found unopened boxes of Chinese vodka, 1980's wine, and other spirits inside. I have an invoice from the storage unit auction. Based on my research, the alcohol's retail pricing is between $100-$300 per bottle. I'm considering selling these... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

If you bought stuff and you own stuff, you should be able to sell stuff. We are not talking about enough to stock a local bar, I presume. That said, if it was in a storage unit it almost certainly was not stored right and likely is NO GOOD, so, good luck with it...

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1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Consumer Law for California on
Q: Sued for alleged drone damage, privacy defense?

I am being sued for over $10,000 in small claims court in Los Angeles County by a contractor who claims I damaged his drone with a BB gun. The drone, worth approximately $500, was allegedly downed while he was filming telephone poles over my backyard without my consent. He texted a photo of an... View More

James L. Arrasmith
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answered on Mar 5, 2025

You have several strong defense arguments for this small claims case. The contractor appears to lack proper documentation, as the authorization letter doesn't specifically name him or his company, which undermines his legal right to fly over your property. The excessive claim amount ($10,000... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for California on
Q: Can landlord renew lease with rent increase without approval in CA?

I was in negotiations with my landlord when they automatically renewed my lease for 12 months and increased my rent by 8.28%, even though similar apartments in my complex are renting for less than I'm paying. The original lease, which started on 9/22/23, did not mention any rent increase terms... View More

James L. Arrasmith
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answered on Mar 5, 2025

In California, the validity of your auto-renewal with a rent increase depends on several factors. Under California's AB 1482 (Tenant Protection Act), most residential properties are subject to rent caps of 5% plus inflation, not exceeding 10% annually, though exceptions exist based on property... View More

2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Car towed from apartment complex without notice in CA

I live in a low-income apartment complex in California. I was ill and didn't move my car, which was not parked in a loading zone and had no tow sign. My apartment manager called to have my car towed. I contacted the towing company to find out where it was taken. What can I do about this situation?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

Sorry you were ill. The tow company MUST report to the police within ONE HOUR of the tow and if you call them they MUST tell you where it is and how to get it out, IN WRITING...

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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is there a cap on storage unit rent increases in California?

I rent a storage unit for $249 per month, and they recently increased it to $307 per month. This is the third rent increase within the first year of renting, and I have not received any written notice for any of these increases. When I spoke to management after the second increase, they said... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

Feels like a bait and switch. THAT said, regardless of any CAP, it's HIGHLY likely that they must give you 30 day notice prior to raising the rent. One way to get them is to take your biz elsewhere and get the initial teaser rate...

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2 Answers | Asked in Child Support, Civil Litigation and Consumer Law for California on
Q: Can we pursue fraud charges against bio mom for misusing child support?

I have had legal guardianship over a child for the past four years. During this time, the biological mother received $2,000 a month in child support from the father, as per a court order. However, the child has not lived with her, and she falsely claimed she did not receive support from the father.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

This is PURE speculation but, as described, this person almost assuredly has no money, so, getting it from her is unlikely. That said, stealing child support 'feels' punishable by prison? Again NOT even close to being sure. Perhaps you should speak to family services???

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1 Answer | Asked in Contracts, Business Law and Consumer Law for California on
Q: Can I sue for equipment switch in solar contract?

I recently signed a contract for solar installation. The proposal quoted me for two Powerwall 3s, but the contract I signed included one Powerwall 3 and a Powerwall 3 expansion, resulting in lower output than agreed. I have documentation showing this discrepancy but only noticed just before... View More

James L. Arrasmith
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answered on Mar 1, 2025

You have good reason to be concerned about this equipment switch. The discrepancy between your proposal (two Powerwall 3s) and your contract (one Powerwall 3 plus an expansion) that results in lower output represents a potential breach of contract or misrepresentation by the solar company.... View More

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