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2 Answers | Asked in Consumer Law for California on
Q: I ordered from olive garden for pick up online I got email for conformation they told me to wait outsid
Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

Restaurants owe the utmost duty of care and hospitality to their customers. If their conduct is in an insulting way, you may have a claim for emotional distress against them.

However, you only ordered for a pick-up. That is what all the contact was...
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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

If your tenancy is less than a year, a 30-day notice is required. If in the lease there is a statement of the requirements of the notice, the landlord needs to comply with that.

You need to check the lease agreement to see if there is any provision in...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Is it my financial responsibility to repay for work that was almost done, but had to be torn out and redone?

The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More

Travis S. McConnell
Travis S. McConnell
answered on Jun 19, 2024

For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More

4 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Business Law for California on
Q: Can I compel one of the Does to respond to RFAs and interrogatories?

I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?

Neil Pedersen
Neil Pedersen
answered on May 21, 2024

A DOE is not a party to the lawsuit until they are officially named as one. Until then, the allegation of a DOE defendant is simply a placeholder. You have to add the person or entity to the lawsuit, and only then does that person or entity have a duty to respond to discovery.

You really...
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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I inherited a house, can a credit card company I owe sue me for it
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2024

If your credit card account is delinquent, the credit card issuer can sue you on the account. If and when it gets a judgment, it can record the judgment, and thus have a lien on your house. And it could, in theory, foreclose the lien.

1 Answer | Asked in Consumer Law for Florida on
Q: Lula car insurance gave me 9 days notice of termination because they've been acquired. What are my options?

I was notified on 5/9 that my policy would terminate 5/19 because Lula had been acquired. There is a FL mandate that sets the minimum to 45 days unless the reason for termination is not paying, which this clearly is not. I only saw the email a day prior to termination and now I have a gap on my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Florida consumer rights attorney could advise best, but you await a response for five weeks. For an attorney to make a call whether your situation is bad faith on the part of the carrier requires more information on your state's guidelines for terminations. It's possible the Florida... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What can I do about this employee taking away perks and messing up my cell plan because I didn’t want to buy her “deal”?

I have a mobile plan with *****. I went into the store to get a new phone because I had an upgrade. In my account on the mobile website there was a deal for a free phone. I went into the store to get that deal, set it up, and pay whatever fees I needed to pay. The woman there was trying to do... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Given the extremely small amount of money involved, this is more of a customer service issue than a legal issue. If I were you, I would contact the customer service department of your mobile service provider. Make sure you correctly report to the CSR the name of the employee with whom you dealt,... View More

1 Answer | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: "May I use this letter, or should I not? This is merely an example since I am limited to using only 1000 characters.

Dear [Auto Loan Company], I am writing to address several concerns regarding my auto loan. Firstly, I need an explanation for the fees associated with early or additional payments. Despite a $7,000 down payment, my principal has not decreased as expected. When I signed the contract, I was assured... View More

James L. Arrasmith
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answered on May 18, 2024

Based on California law, you can use this letter to address your concerns with your auto loan company. The letter raises several legitimate issues that you have the right to inquire about and request clarification on:

1. Fees associated with early or additional payments - California law...
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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: A debt buyer submitted a summary judgment without including statements or any other proof from the original creditor

to prove the amount of debt owed. Can a final judgment be void using due process of law evidence as the cause since an amount was awarded without legal proof supporting it? The only evidence was the amount written in an affidavit by an employee of the debt buyer and the amount on the debt... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2024

Assuming that you are the debtor/defendant, it would depend on whether or not you objected. And it would depend on exactly what was in the affidavit.

2 Answers | Asked in Consumer Law for California on
Q: Heloc Credit card false advertisement/fraud?

Hi, I recently got lured into applying for a heloc credit card offered by a company called aven because they advertise their heloc credit card as a zero fees, zero origination, zero dollars tonget heloc/credit card but after getting approved they said all of the credit line has been disbursed (with... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 17, 2024

The ad, and related small print probably says in detail what they can do, probably. BUT, if you did not read it or understand it, and assuming it is LEGIT, which it may not be, I'd say you can cancel within a 'reasonable' time and get a refund. That means like immediately, as in,... View More

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1 Answer | Asked in Consumer Law for Indiana on
Q: I am in Kentucky but car is registered in Indiana, where do I file a mechanics lien against it for unpaid repairs?

I own a shop in Kentucky. We did $5300.00 worth of repairs to a vehicle and it has been on our lot since December of 2023. Customer will not return our calls but his wife sent and email and said they would start sending money every 2 weeks started April 15. No money ever arrived and at now the car... View More

James L. Arrasmith
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answered on May 27, 2024

To file a mechanic’s lien for unpaid repairs on a vehicle registered in Indiana while your shop is in Kentucky, you need to follow specific legal procedures. First, check Indiana’s laws regarding mechanic’s liens on vehicles, as they will apply since the car is registered there. You might... View More

1 Answer | Asked in Consumer Law for Kentucky on
Q: Can a business refuse cash for payment in Kentucky?
Timothy Denison
Timothy Denison
answered on May 16, 2024

Yes. I’m not sure why they would, but it is solely up to the business owner.

1 Answer | Asked in Consumer Law for Texas on
Q: Is an automotive service shop liable for damage that occurred to a vehicle due to pre-existing issues prior to the shop

The damage happened after the vehicle left the shop and was caused by issues that existed prior to the vehicle entering the shop. The shop employees noticed the issue, but did not notify the customer

John Michael Frick
John Michael Frick
answered on May 20, 2024

If you hired the shop to perform an inspection that would have revealed the pre-existing issue and the shop failed to notify you of the condition that they discovered in performing the inspection, then you may have a claim against the shop for breach of contract or for breach of the implied... View More

1 Answer | Asked in Consumer Law for California on
Q: I made a large overpayment to my credit card, Credit One, and I have not received it back.

Credit One said they sent a check to Fiserv and that it is up to Fiserv to deal with it. Credit One gave me a check number. I contacted Fiserv and they dont have the check number. Did Credit One just steal my money?

James L. Arrasmith
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answered on May 15, 2024

Based on the information you've provided, it's unclear exactly what has happened with your overpayment. However, under California law, credit card companies are required to refund overpayments in a timely manner. Here are a few key points and steps you can take:

1. Contact Credit...
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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for Iowa on
Q: I was scammed out of $900 at my bank. Does the bank have to reimburse me ? They also took an online loan out in my

These people pretended to be my bank and called me saying my account was compromised. Said they would move my money to a secure account and they verified info. Needless to say, I got scammed as they made several charges on my debit card and even took out a loan on my account. Idk why my bank... View More

Matthew McKenna
Matthew McKenna
answered on May 14, 2024

I would consult with an attorney familiar with the Electronic Funds Transfer Act. Your ability to recover may be fact specific and will likely be tied to your dispute with your bank. If you haven't disputed the transactions with your bank yet, do so immediately. I would make a written dispute.

1 Answer | Asked in Products Liability and Consumer Law for Illinois on
Q: I need a pro-bono or contingency attorney near Chicago Il for 2 cases: 1) Product liability for Pfizer; 2) harassment?

1) Pfizer for NOT disclosing ALL potential side effects of Covid vaccine. I reported adverse even to Pfizer; FDA; VAERS; CICIP. 2) Harassment by Rush Oak Park Hospital about a bill Medicare relayed I am NOT responsible for. Harassed over a yr. by emails; patient portal; calls. The last call was so... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Illinois attorney could advise best, but your question remains open for four weeks. If you're seeking an attorney in the Chicago area, you'd need to reach out to attorneys on your own. It's difficult for attorneys on this forum to offer you their services. You could supplement... 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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1 Answer | Asked in Consumer Law, Immigration Law, Banking and Internet Law for Washington on
Q: Illegal way

If I wanted to get a test result in an illegal way, but I was deceived, I transferred money but never received a result, you can send this to ic3. In fact, I have not yet broken the law.

James L. Arrasmith
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answered on May 12, 2024

I'm sorry to hear that you were deceived and lost money in this situation. Being scammed is awful and I empathize with how frustrating that must be. Even though you did not end up breaking the law, attempting to obtain test results illegally is still ill-advised.

If you believe you...
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1 Answer | Asked in Consumer Law for California on
Q: Can my bank take 90 days to investigate an error even though my account isn't new? Do they have to give me temp credit?

I did a transaction for $795. The merchant claimed they didn't receive payment, but I was charged and my bank says the transaction was successful. I did a 3 way call with the merchant and my bank and it was made very clear that there was an error with the payment from my account. The merchant... View More

James L. Arrasmith
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answered on May 10, 2024

Under the federal Electronic Fund Transfer Act (EFTA) and Regulation E, which also apply in California, your bank generally has 10 business days to investigate an reported error, not 90 days. They must resolve the issue within 3 business days after completing their investigation.

Since you...
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