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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: Can city ordinance mandate the requirement of rental/leasing agreements to as establish water service at a residence?

Is it possible that city ordinance can violate civil liberties of squatters adverse possession rights by requesting rental or leasing agreements to establish water service on the property? My mother passed 8 yrs ago. My sister and I have payed back taxes for 5 years and established gas, electric,... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You definitely need to consult with a lawyer experienced in civil rights law. You can go to the San Bernardino County Bar Association's website ( http://www.sbcba.org/) and click on their Lawyer's Referral Service link to help you find an appropriate attorney who can help you. Do not... Read more »

2 Answers | Asked in Estate Planning, Consumer Law and Real Estate Law for California on
Q: How long can a home remain in a deceased persons name?

My grandmother died several years ago leaving 2 houses paid for. How Is it possible for a house to still be in her name today, and with a loan on it in her name as well? The properties were inherited by her one surviving daughter who did not want either of them in her name (she had an automobile... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 14, 2021

This sounds like two things:

- An obvious attempt to cheat the system re: someone they harmed;

- Some sort of potential sour grapes on the part of the asker, who, by the fact pattern, had zero interest in either of the properties, leaving it unclear as to why the question is being...
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1 Answer | Asked in Consumer Law for California on
Q: Can I sue the repossession company for never sent me notice after repossessed my car?

The incident happened on 01/03/2020 when my car was repossessed at 8:00 o'clock in the morning due to the late response back to the finance company about the vehicle title that they need me to mail in along with POA signed document but I did it late like 1 month(All my payment is paid on time... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 11, 2021

That's a definite "maybe." I like Steve Simons (atty) for these types of cases. Please tell Steve I said hello.

1 Answer | Asked in Consumer Law for California on
Q: is consumer supposed to know where the products are coming from?

I bought a bag of Goji berry shows "USDA", "Organics"; is it supposed tell where it's been made?

also the website: reddroal.com is empty?

William John Light
William John Light answered on Jan 10, 2021

Country of origin labeling is required for fresh or frozen fruit. ams.usda.gov/rules-regulations/cool. "USDA" presumably only means that it has been inspected by the USDA before sale. "Organic" means that it is grown and processed according to regulations that address many... Read more »

2 Answers | Asked in Consumer Law for California on
Q: I want to send a inhouse legal notice for recovery of money in California how should i proceed
William John Light
William John Light answered on Jan 6, 2021

Unclear what the basis for your request is, but attorneys generally explain why there is money owed under the law and facts, and then make a demand for payment. Threats of criminal prosecution, public exposure, or violence will get you prosecuted for extortion or other crimes.

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2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Is it feasible to file a motion to compel arbitration in a collections lawsuit, as the defendant? Hoping they'll drop
Yelena Gurevich
Yelena Gurevich answered on Jan 5, 2021

if there is a binding arbitration clause in the contract, then yes, you can file a motion to compel arbitration.

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3 Answers | Asked in Consumer Law for California on
Q: I was turned away from buying a bottle of alcohol because my partner, who didn’t have her ID, brought it to the counter?

I was the one buying it and I had my ID, but because the cashier saw her holding the bottle, she said she needed an ID too, even though I was buying everything. We were told to leave the bottle, then I had to go grab a new on myself. Is this the law in CA?

William John Light
William John Light answered on Jan 2, 2021

The shop can refuse service if it wants, especially if it looks like you are buying alcohol for a minor. What the shop did isn't a "law" in that it is not required to refuse to sell to you if someone who didn't have an ID held the bottle. However, shops can get into a lot of... Read more »

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: While I have occupancy of a motel room, can a maid legally enter without knocking? There was no emergency and no reason

The maid opened the door twice that day while I was in my room. I told the manager who was unaware of the 2 events. I asked that nobody enter my room while I was away. My request was not honored.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 2, 2021

Let's see, "you asked that no one entered your room while you were away" and you said that was not honored. I do not see that here and unless you were filming, you cannot prove same. As for entering when you are there, it's entirely possible there was knock, both times, but you... Read more »

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2 Answers | Asked in Consumer Law and Banking for California on
Q: My bank paid a $50,000 auto loan to a fraudulent dealer. Does the bank have liability?

My bank paid a $50,000 auto loan to a fraudulent dealer. The money was misdirected to a different business name that I did not authorize. My bank has told me that no fraud occurred and that I should pay the loan anyway. I believe that the bank has mishandled the transaction and did not perform the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 29, 2020

This is not a quick answer by any means. This would require that you consult with and likely hire the lawyer to review all the documents and facts to determine your legal rights and options. Feel free to schedule an appointment to discuss in detail.

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I have been ordered to remove my boat from the marina. Sheriff's office has my keys, will not release them..options??
Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 28, 2020

probably depends on the wording in the order, who made it and why they have your keys. Simplifying, if it were me and based only on what you are saying so far, I'd assume the order was legal and I'd use my other set of keys...

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3 Answers | Asked in Consumer Law for California on
Q: can a bank deny a car loan even after the car is registered in owner's name?

purchased a car at Stead Hilltop Ford with $7000 down, $10,000 on credit. Have had the car a month, then a letter from Wells Fargo came and denied my loan because of a 612 credit score. Does Stead get the car back, and I get all my money back, or does Stead carry the note?

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 26, 2020

You need to read every word, literally, in your sales contract. The answer is likely in there...

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2 Answers | Asked in Contracts, Consumer Law, Criminal Law and Collections for California on
Q: What are the possible repercussions of selling a car before its played off and not telling the bank or the lien holder

She kept 0ayi g payments but now the police are. Asking questions is she in slot of trouble

David Michael Lehr
David Michael Lehr answered on Dec 22, 2020

It is fraud, likely felony theft, and possibly perjury. Talk to an attorney fast. Pay the rest of the loan off immediately if possible.

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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: The judge in a chapter7 case, terminated motion of stay, gave creditor motion rule 9014-1(f)(3) and 4001-1

How much time does Movant have to reposed the vehicle?

Harlene Miller
Harlene Miller answered on Dec 19, 2020

The vehicle can be repossessed anytime after entry of the order granting the motion. I suggest you contact attorney that filed the motion and arrange a time for repossession. Be sure to remove your personal items from the vehicle. After repossession and sale, you may receive a letter regarding... Read more »

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2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Amazon driver entered property, delivered package to unit, went to underground garage and stole unlocked bike. Case?

Type of Incident: AMAZON Delivery Driver Bike Theft

Time of Incident: 1:35 pm

Date of Incident: 12/9/2020

Location of Incident: Long Beach, CA 90807

Supporting Evidence Documentation: Pictures taken from building surveillance camera, eyewitness account, and package... Read more »

William John Light
William John Light answered on Dec 12, 2020

If you have a case, it is against the Amazon delivery man, not Amazon.

Theft is not within the course and scope of employment, so Amazon isn't liable unless it knew or had reason to know of its employee's propensity to steal.

The value of the case is the fair market...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: I'm in a dispute with an affiliate marketing trainer for lack of delivery on what was promised.

Hi! I'm in a dispute with an affiliate marketing trainer with whom I purchased a program for $3000. The program contract we signed listed about 5-6 things specifically included. I feel several of them have not been delivered, but one in particular he doesn't even dispute denying me.... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 10, 2020

This case might be a candidate for an action in Small Claims court. There is a website for the California Superior Court in your county that will have more information.

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California on
Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

2 Answers | Asked in Tax Law and Consumer Law for California on
Q: Can a flower shop business whichv isn't registered, no permit, no resell license, and is now selling from from her house

This lady buys flowers from local markets or supermarkets and makes flower pieces for funerals and resales them for a higher price out of her house and she's got social media advertising her illegal flower shop. There's a local "Florist" who I purchased flowers pieces for my... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

Her license or lack of license is separate and apart from whether or not your relatives can recover from her. If they paid for a product and didn't receive the product (assuming it was under $10,000) they can sue her in small claims to recover the money.

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2 Answers | Asked in Consumer Law for California on
Q: All school are close because of COVID and doing home schooling cable company shut service off with no warning

And son got disconnected from class and my husband was in motorcycle accident and we had a appointment with his neurologist. I got laid off because off the Corona virus. I call cable company and told them the issue I had they said there is noting they can do about and I had to pay the bill. If I... Read more »

William John Light
William John Light answered on Nov 26, 2020

Lots of places have free wifi. He will have to do his schoolwork there. His teachers may also be able to direct him on where to find free internet.

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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for California on
Q: Hey all, so I have this problem with my car that I already turned in.

Then I get a bill in the mail for the missing headrests. I panic and called the phone number on the paper. And they tell me that there is nothing they can do about it and that the dealership is the one in charge. so I got in contact with the dealership and the dealership isn’t taking any action... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 24, 2020

Sorry for your issues. This shows just how important writings are. If you had this "pre-inspection" you could/should have seen the items marked as missing and made some noise there. If you took pictures (which are considered a writing) you have proof. If you have your drop off documents... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Should mattress company be responsible for pulling out a fairly new mattress from my home if it is releasing fiberglass?

Purchased California King mattress from Nectar late summer. Felt sharp pricking on my body as early as 1st week sleeping in this mattress. Thought it was bed bugs, but no signs of bed bug bites on my body. Recently, followed instructions on the company's website on how to clean pee off their... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 23, 2020

There could be some lawsuits regarding your situation. Sit down with a personal injury lawyer to see what options you might have. And good job documenting everything.

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