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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: A check was bounced regarding an issue with a mechanic. His product was defective and broke down.

We asked for a refund which he agreed to but he kept delaying our payment. It's been a year and he just told us now he is not gonna pay us back. We have all the receipts and text messages as proof.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 17, 2021

The BAR regulates repair shops. Give them a shout. Good luck with it...

https://www.dca.ca.gov/webapps/bar/complaints.php

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Does CA provide treble damages for violations of the refund requirements of California CIV § 1792

I know California (AG) takes extended warranties seriously as the FTC does and that the sellers of Consumer Electronic Warranties in California are required to refund consumers per 2005 California Civil Code Sections 1792-1795.7 Article 3. Sale Warranties.

If they refuse to refund the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 28, 2021

Honestly, if I were you and I was talking about the law, almost any law, I would not say "I know." Even lawyers rarely say it as the law is rarely written in stone, to say the least. CC 1792 discusses "implied warranties" and not 'extended warranties.' In fact,... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Where is an exact person at a real consumer agency that will action to get me a vehicle purchase refund? 6 mo, no title.

Vehicle purchased in Bellflower, DMV investigations I opened in January...DMV just talks about taking my vehicle away to impound and leave me in the streets walking and say courts are two years to get a refund but that was pre lockdown times. Most dealers left the state. I have insurance just... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 26, 2021

Your post is very hard to follow. That said, it appears you have at least one issue related to title? I think Attorney Colin Welsh may be able to help with this one.

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Civil Rights for California on
Q: Hi I was arresteded by opd searched my car and took a lot of money from me I haven went to court yet I think my case dro
Dale S. Gribow
Dale S. Gribow answered on May 24, 2021

more info would be helpful as i don't understand the question.

if you are trying to find out if/how to get your property back, it should have been booked into evidence and should be returned to you.

you should consult with a local lawyer to look into it.

however, you...
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1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: What can I do about a auto dealer not disclosing a wreck of a vehicle prior to my purchase

The manager has already admitted it was not done

Scott Richard Kaufman
Scott Richard Kaufman answered on May 18, 2021

You can probably sue, and potentially win and potentially get your attorneys paid, depending on how bad the wreck was and related money/safety issues.

1 Answer | Asked in Consumer Law for California on
Q: The ? I have is this false and misleading a costermer

I bought a motor for my car from Texas I m in California they texted me that it was out of a car the exact same year and model I asked for that it would be the exact fit when I got it it was from a jeep not a car and the oil pan the timeing chain cover would have to be changed because one has the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 18, 2021

get an atty in TX

1 Answer | Asked in Consumer Law, Real Estate Law and Business Law for California on
Q: is it legal for a storage company to change the locks on my storage uso they can access my storage at any time
Julie King
Julie King answered on May 17, 2021

I don't know of any specific law saying that is the case. However, the more likely scenario is that there is a term in the contract you signed when you rented the space. Read your contract or, if you need assistance doing so, hire an attorney in your area to read and interpret the contract for... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Cannabis & Marijuana Law for California on
Q: If a business with legal product sell or delivers to customers who uses it for illegal activity, is that aiding & abedd?

Business and it's products are completely legal. The product I sell is firewood and water from a ground well that has water rights. Most customers use this on properties that are large MJ grows illegal by county ordinance but also used for housing among the same properties

John Karas
John Karas answered on May 10, 2021

It depends on the nature of the product, by whom it's used and for what purpose.

For example, you posted this question under several categories including Cannabis & MJ law. MJ is now legal for persons over the age of 18. However, if you sold/ delivered MJ to a minor (under 18)...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there any legal action I can do since I haven’t received my money in almost a month???

I happened to sell my car to a dealer and i was supposed to get my money wired but my bank does not accept that and it’s been almost 1 month and it hasn’t gotten wired back to the account that sent it to me. I’m tired of waiting for my money I feel it shouldn’t take this long at all . They... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 5, 2021

Breaking this way down to basics:

You have an agreement to give them a car and for them to pay you.

They now have the car and the money, which is not OK.

You can be patient and hope this works out, but, that is not real likely.

You can get legal help....
Read more »

1 Answer | Asked in Consumer Law for California on
Q: wife won settlement lawyers received settlement 3 months ago and have not given my wife her part

Can they hold the money

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 26, 2021

So no one "wins" a settlement. That's why it is a settlement, to avoid winning/losing.

Your wife would have had to have signed off on the settlement to get one.

How do you know the lawyers have the money?

AND why are they saying they are not realeasing the...
Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Is there anything I can do about a car I purchased st a used dealership. It broke down 2 days after axle broke then brak

The car broke down a total of 4 times within 30 days I’ve had to come up with over 3000 the car was purchased cash this last time it was in the shop for something to do w transmission Nd it’s still not running right 6170 cash price no financing

Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2021

if you purchased the vehicle with a warranty the dealership should be given the opportunity to fix the issues. If you purchased it as is but it was sold with issues that needed to be disclosed, you can sue them in small claims. Small claims is appropriate for anything under $10,000. Lawyers are... Read more »

1 Answer | Asked in Consumer Law, Business Formation and Business Law for California on
Q: I cashed my stimulas check at Marin Check Cashing in San Rafael CA. They charged me $43.81 fee. IS this legal in CA?
Daniel Timothy LeBel
Daniel Timothy LeBel answered on Apr 24, 2021

The answer, as with most questions asked of lawyers online, is: "it depends" and "message boards are no substitute for legal advice." Here, there just aren't enough facts to provide a complete legal analysis. However, if your check was the standard $1,400 stimulus... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for California on
Q: Hi We live in Saratoga, CA and are having problems with our neighbors across the street.

The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 12, 2021

IF THIS: "We went to the city, but the code does not have any light-trespassing/pollution laws"

is true, it may be tough to sue them? Perhaps you can find a way to limit that intrusion?

Higher hedges? Some shades?

1 Answer | Asked in Consumer Law for California on
Q: What can I do about my vehicle being stolen from an auto body shop that come to find out, has no insurance?

I took my car to an auto body shop to have minor work done and received a call from the shop owner that my car was missing. Somebody went into his business and took the keys to my car and drove off. He told me to file claim with my car insurance company. I only have liability. When I told him his... Read more »

William John Light
William John Light answered on Apr 3, 2021

Make a complaint to the Bureau of Automotive Repair. File suit in Small Claims. You can get a judgment of up to $10k. Whether you can collect is another issue.

1 Answer | Asked in Personal Injury, Consumer Law, Civil Litigation and Constitutional Law for California on
Q: can i sue and/or press charges on anytimemailbox.com for my mail being brought home and opened without authorization?

the operator of one of anytimemailbox’s site’s is also currently refusing to give me my mail which is currently at the operatior’s HOME and not the anytimemailbox address.

Dale S. Gribow
Dale S. Gribow answered on Apr 2, 2021

MORE INFO NEEDED

YOU CAN ALWAYS SUE........THE ISSUE IS WILL YOU WIN AND THEN ARE THERE PROVABLE DAMAGES.

I WOULD ASSUME IF HE IS RECEIVING MAIL VIA POST OFFICE, THAT HE WOULD HAVE TO COMPLY WITH THE SAME RULES AS IMPOSED ON THEM.......I HAVE NEVER HEARD OF THIS AND WOULD REPORT TO...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Hi, I am a Canadian Citizen and have been living in California since 2017. I have some unsettled credit card debt with a

Canadian bank. The bank was able to get a judgement against me from a Canadian court in my absence. Now the collection agency is threatening to sue me in California under “ foreign judgement act”. I want to know my options. Is it possible for the local

lawyers to enforce a Canadian... Read more »

William John Light
William John Light answered on Apr 1, 2021

Assuming the debt is valid and you were properly served in Canada: Pay it, negotiate a lesser sum and/or payments, or file for bankruptcy. Or, call their bluff to see whether the bank will file suit in California.

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Real Estate Law for California on
Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.

Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?

He also claimed that he stopped paying the mortgage about 5 months ago... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 26, 2021

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »

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