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California Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Business Law for California on
Q: If the seller of a motorcycle misrepresents the year and condition can I demand a refund?

The bike was advertised as a 2003 when it was a 2001. Bike was advertised as excellent condition with no issues. The bike has a major oil leak that only shows up after riding it for 15 minutes or more.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You have a lot of issues about the purchase of this motorcycle. Perhaps you should just sue the seller in Small claims and put it all before a judge there, because apparently it is not worth enough for you to retain an attorney to assist you to sort this out. The other post about the DMV manager... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Is it common today for mass tort law firms to bill the client for interest charges they accrue to work the clients case?
Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Business won't return my gates after painting them. No $ has been paid yet. Are they stolen property now?

Verbal and email agreement says we pay when delivered. They keep putting off delivery. We'll be glad to pay when they get here.

William John Light
William John Light answered on Oct 20, 2020

I doubt that they are required to return the gates before you pay for them. They have a mechanics lien on the property until they have been paid for their work.

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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for California on
Q: I’ve been staying at a hotel for the past few months and they have told us we cannot stay more than 28 days in a row?

The hotel has told us we have to stay somewhere else for a few days due to there 28 day policy but can come back after a few days. We have been here for around 5 months and after about 30 days we stayed at another hotel for two days and came back, stayed for around three months and was told we had... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

The issue here is that they do not want to become long term landlords because if they do then they would be subject to a whole different body of law that would regulate them. You will be better of finding an apartment somewhere else. Best of luck.

1 Answer | Asked in Consumer Law for California on
Q: Is the 99 cent only store false advertising when it sells things for over 99 cents.
Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

No, it is a trade name, like "Disneyland- the happiest place on earth!" Have you ever seen kids there crying? It is not because their lawyers told them they could not sue for false advertising.

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a company refuse to send me an invoice or a bill and demand me to pay only on the phone?

I have been leasing a car with this company (short term lease) that operates through a mobile app. I was required to link a bank account for the weekly payments. For two years, the payments were processed weekly, and I received the invoice through the mail every week. Last month they called me and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

IMO your alarm bells are ringing for good reason. This sounds like a scam to get your bank information. Take all precautions, such as calling the company instead of just taking calls. Get the name and employee ID number on each person you speak to. Do not just deal with a clerk ask to speak to... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Is it legal for a cloud file backup service to refuse to give me access to my own files?

I used a cloud file backup service for several years. My external hard drive was stolen then my laptop was hacked. So, I finally needed access to all of my files stored in the the cloud. The problem is that I changed my phone number for the first time in 20 years, and now the company refuses to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 8, 2020

if you are current on your backup storage payments, you should not have issues accessing your files even if you changed your phone number. there seems to be some information missing as companies don't just arbitrarily deny access to files. you may need to consult with an attorney and... Read more »

3 Answers | Asked in Consumer Law for California on
Q: How do I stop a wage garnishment that was recently filed with my employer by a law firm?

I spoke with the Court and they told me I could file paperwork with the Sheriff Dept. to stop the garnishment, but I had to wait for the lawyer to file a Writ before they could do anything. They will be taking 25% of my check in which I can't afford. How do I proceed at this point?

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Oct 8, 2020

Only two people can stop or modify the wage garnishment: the lawyer/creditor who put into place (by reaching an agreement with them) or by the judge. To get the judge to hear your case, you must file a claim of exemption. There are many pitfalls and it is always best to hire a lawyer experienced in... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I bought a new 5th wheel egg l, whrr E BMI css as liked to have it delivered I was told they are waiting for rear

It had dented rear panel ams has never left dealership. I asked for refund and they said no.

Yelena Gurevich
Yelena Gurevich answered on Oct 7, 2020

Your post does not seem to have any question for a lawyer to answer. It's more of a statement. More details and specifics will need to be revealed. You need to speak to a lawyer familiar with suing dealerships to really flush out all the facts and determine if there are any legal violations.

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I bought new fifth wheel. I called for delivery and was told rear panel dented and in back order. This was not disclosed

To me. I bought it new and I want underaged. I want full refund and they said no because they registered to me. We jar recourse for I have?

William John Light
William John Light answered on Oct 7, 2020

If the rear panel is in back order, it sounds like they are going to deliver a new, undamaged fifth wheel to you. I don't see any basis for a refund, unless there is some damage that hasn't been disclosed and has not been repaired with new OEM parts.

1 Answer | Asked in Constitutional Law, Construction Law, Consumer Law and Small Claims for California on
Q: I am a homeowner in Ca I hired a contractor to do painting around the house. I am I in my rights to fire the contractor.

I hired the contactor to do painting around the house. The job is not being done correctly or at all.

Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

You have the right to terminate any contract at any time for any reason BUT you cannot terminate all contracts without penalty. Meaning, if you terminate the contract without "good cause" you may have to pay the other party some damages. Now you say that they are not doing it... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Mechanic worked on car without consent.Bill over a grand.Now holding car until paid.Charging for storing too.Legal?

To be clear, mechanic did not discuss the work that was needed.Mechanic was not given consent to work on car. Mechanic worked on car. Now holding car until paid.

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 1, 2020

The law allows them to do the work if given verbal approval. Hard to prove one way or the other on this? Talk to the BAR and see if they can help?

2 Answers | Asked in Consumer Law for California on
Q: How can I get a credit union to drop post judgment intrest?

I paid the principle , prejudgment interest court cost and attorney fees and now I have a garnishment for an additional $7,800.00

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 1, 2020

Talk to a debt defense atty. While it is late in the game, you never know...

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: Is it legal for retailer to not sell you a product after requiring your to be approved for a loan?

A retailer is selling a product from a third party that requires a buyer to be approved for a loan. The buyer applies, and is approved for the loan. After being approved for the loan, the retailer informs the buyer that theyre sold out of the product. The buyer now has an established loan/line of... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 25, 2020

With the facts given, the credit/loan taken out can be paid in full since the funds were not used to purchase the product so there are no damages to the consumer under these circumstances. With no damages, there is no case to pursue.

1 Answer | Asked in Consumer Law for California on
Q: Last week Doordash charged me 9 different orders I didn't make. Now I'm having trouble getting my money back.

I contacted them they said I would be refunded and now today they emailed me saying they want more info. This was fraud on their end and my card wasn't compromised on my side in any way.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Submit a dispute to your credit card company. Close your account with doordash and create a new account.

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3 Answers | Asked in Consumer Law for California on
Q: Hello, I’ve recently been sued by a debt collector and they didn’t want to settle for the amount I offered.

I can’t afford to do payment plans since I’m currently unemployed and husbands job slowed down. Please advice me on what’s the best route to take . I can’t afford a lawyer nor do I know how to go about this . Thank you in advance .

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 22, 2020

Lawyers who specialize in this area of law are not too hard to find and you may be surprised, in that, even if you actually owe the debt, sometimes there are legal ways out. Look up folks who handle FDCPA and FCRA cases for more help.

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1 Answer | Asked in Consumer Law for California on
Q: I contracted with a solar company to install a system for my house. Their proposal estimated my annual costs would be

approx. $560 for elec. after their installation. My actual electrical costs far exceeds this. Are they libel even though the contract does not reference their original proposal?

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A California attorney could advise best, but your question remains open for five weeks. If the figure you were given was only an estimate, there could be conditions or disclaimers involved. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for California on
Q: I was scammed by false advertising. How can I recoup my losses?

I purchased 925 sterling silver from a company named Silverdepot. Not only does their name imply they sell silver but they advertised as selling real 925 sterling silver. Upon receiving the items I sold them as real silver. On my 4th order I decided to test the product. It was fake and stuck to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 14, 2020

Sorry to hear that you were scammed. The fact that you are in No. Cal and they are in So. Cal should not impede you from filing a suit if they entered into a contract with you in No. Cal. You have J/D there. Otherwise you have to go to So. Cal. I don't understand your reference to not being... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Defective cat Litter injured our cat. Bought this product from Petsmart want a know if I have a case?
Maurice Mandel II
Maurice Mandel II answered on Sep 12, 2020

Hope your pet is feeling better. Maybe you have a case. How was the cat damaged? What were the medical costs you spent to restore it to good health? How did the cat litter injure the cat? Are there any warnings on the Cat Litter bag? Suggest you look at the requirements for filing in small... Read more »

1 Answer | Asked in Consumer Law, Communications Law, International Law and Internet Law for California on
Q: Is someone allowed to be recorded without consent in a Discord Server (an internet chat forum) Under CA penal Code 632?

Discord is an online chat space for people who are playing video games. It is privately owned, and has it's own terms of service. Discord itself has a rule about following California's law. However, there is an argument that the chat service is a public space seeing as anyone on the... Read more »

William John Light
William John Light answered on Sep 11, 2020

Section 632 applies to recording of "confidential communications" which are carried on by means of a telegraph, telephone or other device, which seems to cover everything. However, 632.5 through 632.7 were added in 1968 to include cellular radio telephones and cordless telephones. If... Read more »

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