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California Products Liability Questions & Answers
1 Answer | 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

James L. Arrasmith
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answered on Nov 19, 2024

You have a clear case of negligence against the oil change service, as they failed to perform the basic duty of replacing the oil after draining it - a critical error that directly led to your engine's failure.

Keep all documentation from your mechanic confirming the lack of oil and...
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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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1 Answer | Asked in Products Liability for California on
Q: Can I take Hyundai to court in LA Small Claims?

In August 2023, I took my Hyundai Sonata in for repairs that would have been covered in full due to a class action suit. My car caught on flames in Hyundai's lot and was rendered in-operable. It has been a full year of back and forths and the third party claims rep told me I would receive a... View More

James L. Arrasmith
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answered on Aug 11, 2024

Yes, you can take Hyundai to small claims court in Los Angeles. In small claims court, you can seek damages for issues like the inconvenience and financial hardship you've experienced due to the lack of transportation. Given that you've been without a vehicle for several months and your... View More

2 Answers | Asked in Products Liability and Identity Theft for California on
Q: I'm looking to sue Ulta Beauty for their failure to protect their consumer's information and member rewards point system

I'm looking to sue Ulta Beauty for their failure to protect their consumer's information and failure to protect Ulta's member reward program. Someone hacked into my account and used $155 worth of points To buy a cologne. I changed my password right away and contacted the store and... View More

Robert Kane
Robert Kane
answered on Jul 29, 2024

What JA's AI response doesn't really touch on are practical considerations. What are your actual damages. Reward points probably have little value. Invasion of privacy, emotional distress and alike are even less.

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1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: How can i sue a car dealership for not registering my vehicle? Its been almost 90days. Dealership told lies.
James L. Arrasmith
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answered on Jul 18, 2024

If a car dealership has failed to register your vehicle within 90 days, you have several options to address the issue. First, gather all relevant documents, including your purchase agreement, any correspondence with the dealership, and any receipts or proof of payments made for registration fees.... View More

Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

You really should be posing your question about the level of harm to an industrial hygienist, occupational safety specialist, or medical professional (depending on the elements you want to focus on - from OSHA practices to respiratory diseases). One of the first things they're going to ask you... View More

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1 Answer | Asked in Intellectual Property and Products Liability for California on
Q: I have a product from Alibaba. Product looks similar but not same and it is unbranded. Is it okay to sell in the US or n
James L. Arrasmith
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answered on Jun 21, 2024

To answer this question thoroughly, we need to consider several legal and ethical aspects:

1. Intellectual property:

- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.

-...
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1 Answer | Asked in Products Liability and Health Care Law for California on
Q: Demand to create privilege log

Shall request to produce privilege log, in respect to any privileges, including 1157, attorney-client, work product privilege, etc. be a production demand?

Should demand list specific privileges, or be generic?

James L. Arrasmith
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answered on Jun 13, 2024

Under California law, a demand to create a privilege log should generally be included as part of a request for production of documents. This demand is typically made in conjunction with document requests to ensure that any withheld documents on the basis of privilege are properly identified and... View More

2 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Gaming for California on
Q: I want to know if there are any attys out there who want to make a ton of money? I want to start a class action lawsuit

I have AN ABUNDANCE OF EVIDENCE PROVING those "social gaming sites" are CHEATING!!! LITERALLY TAKING YOUR MONEY W/OUT MOST PEOPLE EVEN REALIZING IT!! & I CAN PROVE IT WITH SCREEN SHOTS & EMAILS!! I have DOCUMENTED PROOF of them taking money out of my balance illegally during my... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You'd need to reach out to attorneys to discuss. Attorneys on this forum can't respond to your offer to represent you. Good luck

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