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California Products Liability Questions & Answers
1 Answer | Asked in Contracts and Products Liability for California on
Q: If I rented a car and some one stole it what will happen to me since the car is under my name.. ?

They are trying to charge me with VC10855 embezzlement

James L. Arrasmith
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answered on Dec 25, 2024

If someone stole a rental car that was in your name, you need to take immediate action to protect yourself. File a police report right away and contact the rental car company to report the theft. Make sure to document all communications and get copies of the reports.

Vehicle Code 10855 is a...
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1 Answer | Asked in Libel & Slander and Products Liability for California on
Q: Hello, Do you assist with wrongful vehicle repossession cases?

I signed up for a payment deferral in September that was set to begin in December (14th). I signed up for this deferral while I was awaiting a supervisor review of my account for customer service and payment issues. I was contacted in November about account delinquency when that should have not... View More

James L. Arrasmith
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answered on Dec 14, 2024

Your situation with Hyundai Motor Finance sounds frustrating and potentially unlawful, especially given the signed deferral agreement and lack of proper notice before repossession.

You have several potential legal options to address this wrongful repossession. Consider filing a complaint...
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1 Answer | Asked in Libel & Slander and Products Liability for California on
Q: Hello, Do you assist with wrongful vehicle repossession cases?

I signed up for a payment deferral in September that was set to begin in December (14th). I signed up for this deferral while I was awaiting a supervisor review of my account for customer service and payment issues. I was contacted in November about account delinquency when that should have not... View More

James L. Arrasmith
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answered on Dec 14, 2024

Your situation with Hyundai Motor Finance sounds frustrating and potentially unlawful, especially given the signed deferral agreement and lack of proper notice before repossession.

You have several potential legal options to address this wrongful repossession. Consider filing a complaint...
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1 Answer | Asked in Products Liability for California on
Q: One of my customers has it's products in my warehouse but stopped paying it's storage fees, what lawyer should i hire?

if you are bilingual in Spanish that will help me more.

James L. Arrasmith
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answered on Dec 11, 2024

You'll want to find a business litigation or commercial law attorney who handles contract disputes and warehouse liens in California. The California Commercial Code provides specific rights for warehouse operators dealing with unpaid storage fees.

For your situation in Rancho...
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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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1 Answer | Asked in Criminal Law, Products Liability, Civil Rights and Gov & Administrative Law for California on
Q: How do you take the USPS to court?

Our service with the USPS for the past 20 years has been great. We loved our carrier Ken. He retired 2 years ago and the new carrier delivered our mail and she was scared of our dog. She stopped delivering our mail. We drove the dog to Washington state to our daughter so as to fix the problem. This... View More

James L. Arrasmith
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answered on Nov 22, 2024

First, you should file an official complaint with the USPS through their website (usps.com/help/contact-us.htm) and document all instances of mail non-delivery and returns, including dates, times, and any communication with postal staff. You'll also need to contact the USPS Consumer Advocate... View More

2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I went oil change and they drained my oil and did not replace it with new oil motor is shot car dead.

I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.

I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.

Drove home fine no issues. Parked... View More

William John Light
William John Light
answered on Nov 20, 2024

Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More

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1 Answer | Asked in Contracts, Products Liability and Civil Rights for California on
Q: I’m a 3yrs removed post terminated employee of planet fitness Arroyo Grande. On October15th 2024, I purchased membership

I was charged to my card twice the $24.95 I might add, went to the facility 4 times after midnite one time wearing a PF Staff shirt I bought at a yard sale! I received a call this past Friday afternoon from a Gal unknown number never gave me her last name telling me that she’s the regional... View More

James L. Arrasmith
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answered on Nov 18, 2024

Based on your situation, there are several legal considerations to examine regarding your Planet Fitness membership termination.

The company has the right to refuse service and terminate memberships at their discretion, as this is typically outlined in their membership agreement. However,...
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2 Answers | Asked in Products Liability and Small Claims for California on
Q: Can I sue the parents of the minors that stole, damaged, and vandalized my car? Police arrested and released to parents.

My car is now going to be totaled and I am now going to be forced to buy a new car I feel like the Parents should be liable for this extreme inconvenience.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 1, 2024

The answer is like most things at law = Maybe?

The good news is that your insurance company can handle and then if they choose to, they can sue the parents. Good luck with it.

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3 Answers | Asked in Family Law, Products Liability and Small Claims for California on
Q: Can my parents legally take away and change the password of a device I bought without my permission?

I am under the age of 18.

Robert Kane
Robert Kane
answered on Oct 29, 2024

Yes, your parents can legally take away and change the password of a device you bought without your permission.

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3 Answers | Asked in Contracts, Products Liability, Car Accidents and Civil Rights for California on
Q: I have a lawsuit case and I have got a default of judgment & now other party had answer to complaint after Court aweek

Later I was wondering what is my options because they are late by law and now asking me to appear in court in 2026 a year later

William John Light
William John Light
answered on Oct 29, 2024

You will have to explain this better. It is unclear whether you are a Plaintiff or a Defendant, whether you failed to file a timely answer or the other party did. It is unclear whether a Default was entered, a Default Judgment was entered, or neither of those. If a Default or Default Judgment... View More

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Q: Employer at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name.

A worker at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did so without thinking. What happens?... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 12, 2024

Hard to say. If it were me I'd find a new job pronto.

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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: Who can represent with: faulty products with injury?

Well documented 100 pgs documents, cert mail receipts, photos, documents etc.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A California attorney could advise best, but your question remains open for a week. However, the answer would basically be the same anywhere. For injuries related to defective products, you'd want to speak with injury attorneys who handle product liability cases. Based on the setting,... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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1 Answer | Asked in Products Liability for California on
Q: Deposition from non-party, written answers sent by mail.

With all understanding, that

written depositions of non-party under subpoena do not require appearance, testimony, cross-examination instead of straight forward answers during discovery, and this disliked by typical experiences attorneys;

What is specific statute that prohibits... View More

James L. Arrasmith
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answered on Sep 27, 2024

In California, written depositions, also known as depositions upon written questions, are allowed under the Code of Civil Procedure (CCP §2028). However, they are rarely used, particularly for non-party witnesses, because they do not allow for follow-up or clarifying questions that arise during... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Energy, Oil and Gas for California on
Q: Solar installed a couple years ago, have had to replace the Panels, then invert, now out again, do I have a case?

Not producing power, can't get a human on the phone, text with troubleshooting "agent" gets cut off, can not make a service appointment even on-line. Nothing but frustrations. Their inferior products (panels and inverter) have both failed within the first couple years and have been... View More

James L. Arrasmith
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answered on Sep 12, 2024

It sounds like you're dealing with a lot of frustration and potentially defective solar products. If your solar panels and inverter have failed multiple times within just a few years, you may have grounds for a case under California's consumer protection laws. These laws generally cover... View More

1 Answer | Asked in Products Liability for California on
Q: Can I use a fragrance/flavor from another company to make a product that primarily uses that flavor/smell?

For example, would I be able to create a brand that uses colognes/perfumes as a smell in a candle? Would it likewise be infringing if I indicated the name of the fragrance used to make that candle on a website or in promotional material?

Another example would be using a fruit juice brand as... View More

James L. Arrasmith
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answered on Sep 11, 2024

Using a fragrance or flavor from another company to create a new product can lead to legal issues, particularly concerning trademark and copyright infringement. When you use a specific fragrance or flavor that another company has created, you may be violating their intellectual property rights if... View More

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Military Law for California on
Q: Can I make a claim against HVAC company for failure to comply with the 2-yr money back guarantee?

The guarantee states that if we are unhappy with their service, which we had to call 4 times in less than 1 yr pd for the unit not cooling, that we can ask for our money back. We are concerned they will not agree because they have another "fix" to the solution. But there is a concern to... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 8, 2024

Regardless of what it says, if they made a promise, a significant one, and they failed to live up to it, you may have an actionable claim. Good luck with it.

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2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Is it possible to take legal action against the shampoo company, Dr. Forhair for falsely advertising a product

Purchased a specialized shampoo recommended by a hair expert to address hair loss and maintain scalp health. Unfortunately, during a routine shower, the shampoo bottle slipped from my grasp, causing the cap to break off. To my dismay, I discovered mold growth underneath the cap. Instead of... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It sounds like it would be a difficult case. If it was a small amount of mold, which could be the case under a cap, you'd need to correlate that to hair-related damages. This is only my individual opinion. Other attorneys could see things differently. The most reliable way to answer your... View More

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