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California Consumer Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

2 Answers | Asked in Consumer Law for California on
Q: My 2 year old car no longer works and no warranty,32,000 miles.

I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jan 30, 2023

Sounds like a "yes" . . . Where you are referring to as a warranty is probably an extended warranty or service contract. It may still be under the original manufacturer's warranty and with the recalls and general deceptive/opportunistic sales situation, it sounds like you should... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 27, 2023

If there is a warranty the lemon law should cover it.

2 Answers | Asked in Consumer Law for California on
Q: Is a law firm that represents you obligated to show you how your funds from your settlement were dispersed?

My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... Read more »

William John Light
William John Light
answered on Jan 25, 2023

The attorney is supposed to account for all funds and report to you.

California Rule of Professional Conduct 1.15 (calbar.ca.gov/Portals/0/documents/rules/Rule_1.15.pdf):

"(d) A lawyer shall:

(1) absent good cause, notify a client or other person* no later than 14...
Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for California on
Q: What kind of lawyer do I need to hire?

I was served a lis pendens for something my contractor told me I didn't need to pay for. The manufacturer of the solar panels served me for non-payment, but I was advised by my contractor not to worry. I want to hire someone to protect myself and my house

James A. Greer
James A. Greer
answered on Jan 17, 2023

Dear Client with recorded Lis Pendens: To answer the question "what kind of lawyer" that you need, the answer is: a construction litigation lawyer. I am concerned on your behalf when you mention that the Solar Panel supplier "served me for non-payment" - this connotes that... Read more »

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: What if I bought a phone with cash and the store employee pulls a debit card out of his pocket and pays with that?

Also on my phone it says auto pay has been set up with the debit card used to buy the phone. I didn't use a debit card though.

Leon Bayer
Leon Bayer
answered on Jan 16, 2023

I suggest you IMMEDIATELY return to the store and see the owner/manager to set this right. There are several explanations for this that come to my mind and none of them are on the up and up.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: on a credit card loan that one has defaulted on, when does the 4 year date start that you are no longer liable for the

debt, becomes noncollectable in California?

Leon Bayer
Leon Bayer
answered on Jan 10, 2023

In most cases, it will start on the date that you defaulted. However differing situations may affect the start date, such as if you make another payment, or if you have left the country.

1 Answer | Asked in Consumer Law for California on
Q: Is it illegal for loan companies to charge you a down payment on car loans? If I paid a down payment do I get it back?
Yelena Gurevich
Yelena Gurevich
answered on Jan 9, 2023

it is not illegal to be charged a downpayment for a purchase of a vehicle, even one that is being financed.

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If I leased a car and with in 19 miles of the lot it’s brakes down. Then a few months later it’s shuts off completely wh
Yelena Gurevich
Yelena Gurevich
answered on Jan 6, 2023

you need to consult with an auto fraud/ dealership fraud attorney to review your contract and options.

1 Answer | Asked in Contracts and Consumer Law for California on
Q: A dealer canceled our contract for purchase of new car but notified us only in mail-we recieved it on day 10

On 12/22/22 we purchased a new Honda oddest at Honda Moss Bros. Today 12/31 in the mail this evening-our mail comes at 6ish PM we received A notice of cancel due to not finding financing. The envelope almost wasn’t opened as it looked like a sales letter. We recieved no phone calls or emails.... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jan 1, 2023

no, they are not too late if the date on the letter is within 10 days and you say you received it on day 10. you need to return the vehicle and get back whatever money you paid to the dealer thus far.

1 Answer | Asked in Consumer Law and Banking for California on
Q: My credit card issuer has stopped sending me monthly statements and bills, actually all correspondence and is now is cha

rging me interest and fees for unpaid bills. What is my recourse?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 31, 2022

AND almost assuredly dinging your credit score too.

Talk to an attorney who handles this type of issue,

either FCRA or FDCPA or both...

1 Answer | Asked in Consumer Law, Contracts, Medical Malpractice and Personal Injury for California on
Q: Can I sue an orthodontist for no after hour emergency patient care that's stated in the contract?

On 2/1/2021 I signed a 18-24 month contract with an Orthodontist for braces. I had 8 visits from 2/8/21- 3/29/21, I had suffered from headaches & mouth sores, l couldn't eat or drink, I lost weight, and there was a time when I couldn't talk, and missed work.

I called the... Read more »

William John Light
William John Light
answered on Dec 22, 2022

This may fall under dental malpractice. Whether it is worth pursuing depends on what your actual damages are. Besides discomfort, do ou have any permanent injury, such as bone loss, that might make pursuing a malpractice claim economically justifiable. Talk to some malpractice attorneys about... Read more »

1 Answer | Asked in Consumer Law for California on
Q: If I made a down payment on a vehicle I purchased a year and a half ago can I get that down payment back?
Leon Bayer
Leon Bayer
answered on Dec 19, 2022

Asking for the return of your down payment is like trying to return a pack of gum after you have chewed it. There is nothing in your question that provides anything to justify why you should get what you want.

1 Answer | Asked in Consumer Law for California on
Q: Is Assurant in the wrong?

My husband has an account with T-Mobile . We have two identical Samsung phones that are completely paid off. He pays for insurance on them through t mobiles insurance company Assurant . In mid October my phone screen had gotten broke and my husband made a claim for a replacement . When he did this... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 16, 2022

I'm sorry for your issues. Your post is unclear to me.

They are asking allegedly to see the phone the claim was made under?

You have a 'scrivner's' error, where the wrong phone number was used?

T-Moile, I've had for about 20 years, has USUALLY...
Read more »

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: My apartment refuses to issue me a receipt of a one-time settlement fee. Is this a violation to this code?

I moved from one unit to another in the same apartment and paid a one-time settlement fee for the transfer. They are telling me to inquire regarding the receipt to the bank that I remitted this payment from and just doesn’t make sense why a bank in which processed a payment would issue a receipt... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 14, 2022

A copy of your check should be good enough to expense it.

In my opinion:

The management most likely is not wanting to give you a receipt

because they do not want a written trail, ie, they are likely either

avoiding paying taxes on it, OR not telling the real LL they...
Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: What are my rights for a rental car cancellation if my flight was cancelled and had to fly into another state?

I booked a car rental through Expedia and during our connection flight on United Airline, we were advised our flight into Baltimore, MD from San Francisco was cancelled until the following day. They were able to put us on another flight but it landed in Newark, NY. I called Expedia and the lady... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 6, 2022

The base solely on your post and assuming all facts to be accurate and true then you have to read the agreement you signed with the rental car company or the online site and that we generally cover your rights. That said if the airline caused this then the airline should give you a little bit of a... Read more »

1 Answer | Asked in Consumer Law for California on
Q: What are the steps I find out my vehicle had body damage and the dealer didn’t tell me about it

The car had damaged underneath I didn’t see until 4 months after I bought the car

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 5, 2022

Have it looked at by a professional body shop. Should cost no more than 100.00 to do so.

Then, if it is a 'real' problem, contact dealer in writing. Then, if they do not agree to help,

which is virtually every time, contact an attorney.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there a law protecting consumers from auto dealer fraud?

I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... Read more »

1 Answer | Asked in Consumer Law for California on
Q: is it legal for a lender to collect money for taxes and insurance in a mortgage and then apply it to the principal balan

I was being considered for a post pandemic loan modification. I was approved and made seven trial payments. The bank suspended the modification because they say that I did not send in a form that was needed to complete the modification. I mailed the form to them on two occasions in the envelope... Read more »

Leon Bayer
Leon Bayer
answered on Dec 1, 2022

The way I see things, it doesn't matter. The taxes and insurance are payable now, and so is the principal plus interest. Unless you pay enough to cover everything, you still have a deficiency.

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