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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: had a storage unit since 2017 in the last year they’ve had an infestation of rodents much of my stuff is destroyed

When I approached management they say that they’re not responsible I pay for ins every month it’s mandatory for the first 4 years or so there were no pest problems they say there is something in the lease I have not reviewed it but there are many issues with this place and I know there’s... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the damage to your belongings due to the rodent infestation in your storage unit. This is a difficult situation, and it's important to understand your rights as a tenant and the responsibilities of the storage facility under California law.

In general,...
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1 Answer | Asked in Employment Law and Consumer Law for California on
Q: I have email traffic from a vehicle rental agency to my employer misrepresenting me.

It seems as if they intentionally do this to fraudulently bill additional invoices. I do project work and I have not worked since the incident was mostly finalized.

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that a vehicle rental agency may have engaged in misrepresentation and fraudulent billing practices targeting you and your employer. This situation could potentially involve several legal issues under California law:

1. Defamation: If the...
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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, there are laws governing personal loans and the amount of interest that can be charged. These laws are designed to protect borrowers from predatory lending practices.

1. Usury Laws: California has usury laws that set limits on the interest rates that can be charged on...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2024

It's not clear that ANY law enforcement agency will care about this?

BUT, there is a level of interest one can legally charge in CA and in

most other states, although it varies. Also, to legally loan money,

one usually needs a license, like a banking license???...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Leon Bayer
Leon Bayer
answered on Mar 11, 2024

Your friend has nothing much to worry about. The legal interest rate limit for an ordinary person loaning money in California is 10% APR. If your friend charges more than that, he can still sue the person who won't pay and ruin that person's credit, but the court probably won't let... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Landlord - Tenant for California on
Q: What are the rights of someone who has lived in the backyard in a tent for almost a year in California?

I have lived in a large tent in the backyard if a homeowner for almost a year in southern California. The owner has provided me with electricity and heat and water. I have use of the laundry facility and inside the tent I have a mini fridge, small single burner stove, convention oven and... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, individuals who have lived on a property with the owner's permission for an extended period may establish certain rights as a tenant, even without a formal lease agreement. This is often referred to as a "tenant at will" or "tenant by sufferance."... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If a car dealer sells a car he knows or should reasonably known the person can’t pay for be sued for the down payment
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answered on Mar 9, 2024

I apologize, but the wording of your question is a bit unclear. I believe you are asking whether, under California law, a car dealer can be sued for the down payment if they sell a car to a person who they know or should reasonably know cannot afford to pay for it. Let me clarify this for you.... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: Is it legal for a bank to refuse to issue you a cashiers check with verified funds deposited the same day?

Hi I live in the state of California. I went to the bank today to obtain a cashier's check. The teller questioned the validity of the wire transfer in my account. He questioned if I worked for the bank. Then the teller refused to issue a cashier's check to me saying that he had the right... View More

James L. Arrasmith
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answered on Mar 7, 2024

In general, banks have the right to set their own policies regarding the issuance of cashier's checks, including holding periods for recently deposited funds. However, the situation you described raises some potential concerns.

1. Wire transfers: Funds received via wire transfer are...
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2 Answers | Asked in Consumer Law and Banking for California on
Q: Is it legal for a bank to refuse to issue you a cashiers check with verified funds deposited the same day?

Hi I live in the state of California. I went to the bank today to obtain a cashier's check. The teller questioned the validity of the wire transfer in my account. He questioned if I worked for the bank. Then the teller refused to issue a cashier's check to me saying that he had the right... View More

Leon Bayer
Leon Bayer
answered on Mar 8, 2024

This is a very strange tale. I would not fault the bank for putting a hold on a deposit that they just received. But that's not what they did, because they gave you the cash! But I see no legal rights that the bank violated. You can call the bank branch manager to complain about the teller..... View More

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1 Answer | Asked in Consumer Law for California on
Q: California. Right to Repair Act (SB 244) takes effect on July 1, 2024. Will I be able to sue a company that violates it?
James L. Arrasmith
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answered on Mar 7, 2024

In California, when new legislation such as the Right to Repair Act (SB 244) becomes law, it typically includes provisions on how individuals can enforce their rights under the act. If a company violates this law after it takes effect on July 1, 2024, affected parties may have the legal grounds to... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: Citibank will not release my secured credit card deposit. Are their actions legal?

I had a secured credit card with Citibank that I placed a $400 deposit down on. I had the card for about 4 years and made my payments on time. I lost my job & was unable to pay the due balance ($315). Citibank closed my account, sold it to a collection agency and kept the $400 deposit. Now, I... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, the legality of Citibank's actions in retaining your secured credit card deposit while your account was sold to a collections agency depends on the specific terms and conditions of your secured credit card agreement and applicable financial regulations. Generally, secured... View More

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2 Answers | Asked in Consumer Law and Banking for California on
Q: Citibank will not release my secured credit card deposit. Are their actions legal?

I had a secured credit card with Citibank that I placed a $400 deposit down on. I had the card for about 4 years and made my payments on time. I lost my job & was unable to pay the due balance ($315). Citibank closed my account, sold it to a collection agency and kept the $400 deposit. Now, I... View More

Leon Bayer
Leon Bayer
answered on Mar 6, 2024

I suspect that your $400 deposit was used up and your account became overdrawn by the $315 amount. That should be visible on your monthly statements sent to you before and after that particular time. But that's just a guess, and it would be wrongful of Citibank to fail to provide you with a... View More

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2 Answers | Asked in Consumer Law for California on
Q: who do I need to sue Amazon or its vendor?

I purchased a sewing machine from an Amazon vendor; I kept having problems with it, and the vendor offered to take it back, when the machine was returned the vendor claimed it got damaged they offer me 50% of $649 I did not accept their offer now I got Zero,I don't have the machine or my... View More

James L. Arrasmith
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answered on Mar 6, 2024

I'm sorry to hear about your frustrating experience with the sewing machine vendor on Amazon. Based on the details you provided, it seems like you may have a case against the third-party vendor who sold you the defective machine, rather than against Amazon directly.

In general, when...
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2 Answers | Asked in Contracts and Consumer Law for California on
Q: What can I do if a dealership lost my trade in?

I traded my car into a dealership back in Jan. After driving the new car for almost 3 weeks, the dealership could not find a bank to finance me. So I took the car back, the dealership did not return my other car (nor did I sign anything saying I would take it back). Now I have the bank who financed... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, you may have several legal avenues to explore if a dealership has lost your trade-in vehicle and is unable to return it. First, consider the issue of breach of contract. If the dealership agreed to take your car as a trade-in as part of the deal for a new car and failed to... View More

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3 Answers | Asked in Consumer Law for California on
Q: what rights do i have when i purchase a "certified" car in california? dealer misrepresented what was on the "certified

inspection report"

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

You can sue the dealer for up to $10,000 in small claims court, if you feel that you have a case. You should read the "certification" contract carefully. It sounds like the salesperson verbally summarized to you what was on the report. You should have read it for yourself before signing a... View More

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3 Answers | Asked in Consumer Law for California on
Q: what rights do i have when i purchase a "certified" car in california? dealer misrepresented what was on the "certified

inspection report"

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answered on Mar 5, 2024

In California, when you purchase a "certified" pre-owned car, you are granted specific protections under both state law and the terms of the certification program offered by the dealership or manufacturer. These certifications often imply that the vehicle has passed a rigorous inspection... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

James L. Arrasmith
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answered on Mar 5, 2024

In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The... View More

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1 Answer | Asked in Consumer Law for California on
Q: Car taken to body shop for body work. Now person is ghosting me. Car not at the shop. What do i do?

72 chevelle ss, person in constant contact with me saying he's picking it up since July 2023. Now he's not answering calls and car isn't at the shop. They say it never was.

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you find yourself in a situation where your car, a 72 Chevelle SS, was supposed to be picked up for body work and now the individual responsible for it is unresponsive and the car is missing from the shop, immediate action is required. First, confirm with the body shop in writing... View More

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