California Consumer Law Questions & Answers

Q: Can credit card companies garnish a social security check and a pension check?

2 Answers | Asked in Consumer Law for California on
Answered on Feb 15, 2019
William John Light's answer
If you deposit Social Security monies into a checking or savings account, the credit card company can garnish, which you can then dispute. My understanding is that up to two months' worth of Social Security benefits deposited into a bank account or on a prepaid card are exempt from garnishment. If you receive $1,500 per month in Social Security, your bank should exclude up to $3,000 in your account from being seized, but money beyond that is subject to garnishment.

If funds are...

Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on
Answered on Feb 11, 2019
Frank Huerta Jr's answer
I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

Q: California Pawn Shop..a ring..a loan..paying on the loan went to pay off balance and now the ring is missing.

1 Answer | Asked in Consumer Law for California on
Answered on Feb 6, 2019
Scott Richard Kaufman's answer
While I am NOT aware of any pawn shop specific laws, if you have a contract, most attorneys would be able to help you or at least let you know where you stand, based on the terms in the contract.

Q: CAN THE OWNERS OF MY MOMS HOUSE REFUSE TO GIVE HER A COPY OF HER LEASE AND DEMAND HER SIGN A NEW ONE FIRST?

2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Answered on Feb 4, 2019
Scott Richard Kaufman's answer
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.

Q: What is a reasonable percentage to give the lawyer?

2 Answers | Asked in Consumer Law and Lemon Law for California on
Answered on Feb 2, 2019
William John Light's answer
1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.

Q: Can i be charged for damages to a hotel room if i wasn’t in it, break in was witnessed by employee, no police called?

2 Answers | Asked in Consumer Law for California on
Answered on Jan 22, 2019
Scott Richard Kaufman's answer
Sounds like you ARE being charged.

Sounds like you have a defense.

Wish it were better for you, but, hopefully, you will do fine...

Q: What is the CA regulation for a shop owner taking 20% of a nail techs tip if included in the credit card bill?

1 Answer | Asked in Consumer Law for California on
Answered on Jan 4, 2019
William John Light's answer
You have no claim. The claim, if any, belongs to the employee to whom the tip is given.

With respect to the employee's potential claim, Labor Code section 351 provides, “No Employer or agent shall collect, take or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron…. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for.”

The business can, however,...

Q: Is it legal to transport a survival multitool/camping axe in your vehicle in California?

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Answered on Dec 30, 2018
William John Light's answer
Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like typically found in a multitool, are exempt. There may be local ordinances that impose different requirements....

Q: hello , purchase time share 11-30-18 send cancellation letter by priority mail 12-3-18

1 Answer | Asked in Consumer Law for California on
Answered on Dec 21, 2018
William John Light's answer
It depends what your contract says about cancellation. If you have cancelled within a timely manner, notify your credit card company that any charges are fraudulent.

Q: Do the consumer protections in California Civ. Code § 1793.1 apply to out-of-state purchasers buying from CA businesses?

2 Answers | Asked in Consumer Law for California on
Answered on Dec 18, 2018
William John Light's answer
The purchase documents may specify whether California's warranty laws apply. However, both CA and CO have adopted the UCC. Article 2 of the UCC details the express warranties that accompany the sale of goods. So, for purposes of express warranties, there may be little difference between CA and CO. An actual analysis of the laws of each forum would need to be performed to make an informed conclusion, and that is beyond the scope of Justia. Also, check your purchase documents to see if there...

Q: If a large company like a comcast employee gives out wrong information what happens?

1 Answer | Asked in Consumer Law for California on
Answered on Dec 18, 2018
William John Light's answer
Nothing happens. Look at your contract with Comcast. It will tell you the terms. If you received 3 months of courtesy data overusage as a promotion or compensation for something, you should have an email or paper verification of that.

Q: Is it mandatory to include a verification pleading with an interrogatories, discovery's and admissions ?

1 Answer | Asked in Consumer Law, Banking and Civil Litigation for California on
Answered on Dec 15, 2018
William John Light's answer
A Verification is provided with discovery responses, not with the actual discovery.

Q: What should I do about this situation?

1 Answer | Asked in Consumer Law and Employment Law for California on
Answered on Dec 14, 2018
William John Light's answer
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.

Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...

Q: Is it legal for a Cal. attorney to perform a background check on me pulling my credit report and SSN without my consent?

1 Answer | Asked in Consumer Law for California on
Answered on Dec 6, 2018
William John Light's answer
Get a copy of the report that is being circulated. The credit reporting agency should be identified. Get your own Annual Credit Report from that agency. It will include an inquiries section to identify all persons or entities that requested and obtained your credit report. From your description, it does not sound like the law firm was authorized to request your credit report. The Fair Credit Reporting Act allows production of a credit report for a variety of reasons, most applicable to...

Q: How can I sue Apple for deceptive laptop diagnostic?

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for California on
Answered on Nov 27, 2018
Dale S. Gribow's answer
small claims would be perfect for you if your claim is less than $10,000.

first, send a self-serving letter to whoever you are going to sue setting forth the facts and making a demand.

when they do not respond include the letter with the complaint to show the court you did not want to take up the courts time and had assumed they do the right thing...but they didn't. Thus you had to sue in small claims.

neither side can bring in a lawyer............maybe even contact your...

Q: Is there a timeline to serve the citation? How long does a department has to serve a citation from date of violation?

1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for California on
Answered on Nov 26, 2018
William John Light's answer
Unclear what is happening here, such as: who issued the citation; what is the violation specified on the citation, etc. However, your smog inspector may know the answer to your questions. If there is a legal remedy you are seeking, you will need to consult with an attorney for an evaluation of your specific case.

Q: After 15 + years the landlord is trying to put a lock on the basement door saying we're not authorized to be down there.

2 Answers | Asked in Consumer Law, Personal Injury and Landlord - Tenant for California on
Answered on Nov 24, 2018
William John Light's answer
The terms of your lease should specify the area that you are renting. If it includes the basement, then you have a potential offset to your rent. Speak to a landlord-tenant attorney.

Q: CAN A RESIDENTIAL LEASE TERMS BE REWRITTEN AT ANY TIME ? LIKE IN THE MIDDLE OF THE YEAR LEASE?

1 Answer | Asked in Contracts, Consumer Law and Landlord - Tenant for California on
Answered on Nov 19, 2018
William John Light's answer
The parties can agree to terminate a lease and enter a new one, but both have to agree.

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