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California Consumer Law Questions & Answers

2 Answers | Asked in Consumer Law for California on

Q: Lexus had my car's since. January say I own them 3600 for damage I done to a loaner no repair was done to my car what c

Scott Richard Kaufman answered on Jun 15, 2019

These are two separate issues. They're holding your car is a "civil" stealing or "conversion" of your property. They need to sue you for the "other" damages and prove it.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on

Q: Should I respond to a civil lawsuit or just wait for my hearing.

Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »

William John Light answered on Jun 12, 2019

You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »

1 Answer | Asked in Consumer Law for California on

Q: I’m being sued by Midland for $1200 credit debt and don’t know how to respond. What do you suggest ?

William John Light answered on Jun 11, 2019

1. Pay;

2. File an Answer within 30 day of service upon you and defend yourself; or,

3. Consult bankruptcy counsel.

2 Answers | Asked in Consumer Law for California on

Q: Can a 22 year old date a 17 year old if they got permission from the 17 year old parents

Barak J Berlin answered on Jun 5, 2019

No. See Penal Code Section 261.5

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=261.5.

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2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on

Q: Is 2200 a good settlement

I was in a car accident 12/17 that resulted in neck and back pain. I went to the ER and multiple dr visits such as PT, chiropractor, neurologist for neck and back injections. My medical lien is 953$ and my car damages were 4500$. I was in a car accident back in 2012 with similar symptoms also.

Dale S. Gribow answered on May 31, 2019

much more info needed

it's like calling me up if i was a dr and saying another dr charged X dollars for a surgery or treatment and whether that was fair.

there is no way to know and any lawyer that answers with that limited info is probably guilty of malpractice...in my opinion....
Read more »

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1 Answer | Asked in Contracts, Intellectual Property, Consumer Law and Internet Law for California on

Q: A Los Angeles based hosting company without warning denied 100k customers access to their intangible personal property.

The company the 100K customers contracted with is called AlphaRacks. AlphaRacks contracted with a company called QuadraNet to provide the actual computer servers. Those two companies have some type of dispute. Without warning on 5/16/19, QuadraNet disconnected access for all of AlphaRacks... Read more »

Bruce Alexander Minnick answered on May 30, 2019

The only way to solve this problem is to read all the written contracts made between the two warring companies and then read all the contracts made between you and whichever company you had a contractual relationship with. If you think there is a class action hiding in these facts, hire a lawyer

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Consumer Law and Contracts for California on

Q: DOES ANYONE ANSWER LANDLORD/TENANT QUESTIONS? OR ARE MY QUESTIONS ASKED INCORRECTLY?

Bruce Alexander Minnick answered on May 30, 2019

Perhaps if you STOPPED YELLING some California landlord/tenant lawyers might respond?

2 Answers | Asked in Contracts, Consumer Law, Real Estate Law and Construction Law for California on

Q: How Long Does a Restoration Company Have to Perform On a Contract ?

In December of 2018 my home sustained over 45,000 interior damage rendering it uninhabitable . I signed a contract with a licensed , reputable restoration company February 20, 2019 for repairs . Contract appears legal but the start and end date of work was left blank . Explanation given “ we may... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Based upon your description of what happened it sounds like you have good reason to ask the builder for a statement of the work done, and then pay the builder some reasonable amount (especially for materials) and cancel the contract IN WRITING. However, before you do that you might want to look... Read more »

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2 Answers | Asked in Car Accidents, Consumer Law, Contracts and Lemon Law for California on

Q: Is it possible to return a used car and get refunded for intermittent everyday starting the engine problems?

I bought a used car from VW Ventura

And the car is broken from day 1

I'm have intermittent problems when i try to start the engine won't work

I returned the car to the dealer the next day and they refused to take in for the car not showing an engine check sign

The... Read more »

Manuel Alzamora Juarez answered on May 27, 2019

The used car dealers have to obey the law. Hire the “Lemon Lawyer” And let him handle your case. Best of luck.

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1 Answer | Asked in Consumer Law for California on

Q: I paid the dealer to register the car in my name it's been 5 months and he still hasn't done it. What are my rights.

It was a government vehicle he bought at auction and I believe he was supposed to register it in his name first before he sold it to me.but he didn't and I paid him $200 to register and give me my license plates but he still hasn't done it it's been 5 months.

Scott Richard Kaufman answered on May 26, 2019

This can get quite expensive for the bad guy here. A lawsuit re: failure to deliver title, can be a problem for the dealer. START by contacting the DMV investigations department and by reaching out to a consumer protection attorney.

2 Answers | Asked in Consumer Law for California on

Q: What is usury for interest charged on a $3,900 auto loan?

A friend, who is naïve and mentally-challenged received an auto loan with a principal amount of $3,900 at an interest rate of 47.99% with equally horrendous late charges. To date she has paid over $11,000 on the $3,900 and the lender is requiring $3,500 from her to pay it off. I want them to... Read more »

William John Light answered on May 23, 2019

To my understanding, there is no limit on interest rates for loans over $2,500 from a duly licensed finance lender. See Financial Code section 22007 & 22303.

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FIN&division=9.&title=&part=&chapter=1.&article=1....
Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for California on

Q: I purchased a vehicle from a used car dealer and was reposed illegally and was not given the opp. to reinstate

they gave me one explanation in writing and another verbally and they charged me a fee to give me back my property and kept given me the run around wat can I do?

Scott Richard Kaufman answered on May 22, 2019

You have rights. I'd STRONGLY recommend you get in touch with the DMV Investigations unit to see what they have to say. My guess is that they can help, fast.

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for California on

Q: In CA can bondsmen revoke bail later if they all of a sudden want another cosighner?

I cosighned for a bail paid 2000 down signed a contract and its been a week and a half since person was released. I received a call from bondsmen demanding another co-sighner. I have thoroughly read my contract and nothing in it says I need or agreed to an additional co-sighner. I even put down... Read more »

William John Light answered on May 19, 2019

You, or an attorney, would have to read the bonding agreement. It may allow for revocation of the bond in certain circumstances.

3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on

Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry.... Read more »

Kenneth Sisco answered on May 16, 2019

I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... Read more »

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3 Answers | Asked in Consumer Law and Tax Law for California on

Q: I need advice on the course of action I should now take to straighten out a tax issue

An EA was paid to file for tax forgiveness on my behalf. He did not. I am now being garnished. He is not answering my inquiries. I also want to initiate legal action against him; but the tax issue first!

Bruce Alexander Minnick answered on May 16, 2019

Use the tab called "Find a Lawyer" at the top of every page here on Justia to find competent experienced business or tax lawyers who might be able to help you. If the tax issue is a federal tax issue you may not need a California lawyer.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on

Q: Can I sue this auto auction.

I purchased this car for $1500. The registration was pass due and it was almost $400. The engine light came on the time I went to drive it from my home. Ford says I need a whole engine. A important sensor is missing. That is not a overnight problem. I feel as though they sold me lemon.

Scott Richard Kaufman answered on May 13, 2019

Sounds like you are correct. Here is a YouTube channel with some thoughts for you:

https://www.youtube.com/channel/UCtIgcjv_Xem4MuFQsWJa4LA

Good luck with it.

1 Answer | Asked in Consumer Law and Contracts for California on

Q: Can someone help me not get screwed on a car buy? I have paperwork but no ability to claim ownership.

we tried to buy her car on Saturday, but it wasn't her car yet since she never completed the title transfer from her late father to her before selling it to us. Sunday I find out, call DMV Mon. for advice and are told I need a bill of sale. Mechanical issue Monday, she stopped responding after I... Read more »

Scott Richard Kaufman answered on May 9, 2019

Sorry for your issues. NO ONE benefits from a "judgment" against them. This matter, at 3,500 or so, is in small claims court, which takes about 60 days start to finish. IF this seller refuses to "do the right thing" you should take her to small claims court, that judgment, when you (hopefully) win,... Read more »

1 Answer | Asked in Consumer Law, Business Law, Small Claims and White Collar Crime for California on

Q: I got scammed out of 5500$ by an online seller, How to proceed?

Ok, So i purchased 20,000$ (~200 orders) of merchandise from an online e commerce site for my small business, under all my personal info. I only receive 900$ of items from them. I charged back with my credit provider and only got back 14000$ I am out about 5500$. I am not the only one who got... Read more »

Scott Richard Kaufman answered on May 6, 2019

Sounds like you may have to sue them, which of course could cost way more than the $5500 you are out.

Maybe small claims is your best bet, it's quick, easy and for matters under 10K wherein attorneys are not

allowed at all, well, other than to represent an LLC or a CORP.

2 Answers | Asked in Consumer Law for California on

Q: I had paint problem on hood of Ford Exp. 17, is the lawsuit still going or it is done, thxs.

I had bubbling paint on hood of Explorer 2017. I was in dealer yesterday and they were trying to tell me, that is normal. But I am working for metal finishing companies over 30 years, this problem is a contamination of Aluminum hood with Iron before painting. My car is still under warranty ( less... Read more »

Scott Richard Kaufman answered on May 3, 2019

Sounds like a nice lemon law case.

Not sure what lawsuit you are referring to unless there is some class action out there?

Good luck with it.

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1 Answer | Asked in Consumer Law, Contracts and Business Law for California on

Q: What can we do about a client who received the solution they wanted but has begun to post negative reviews?

Due to an accident that our catering delivery driver was in just short of arriving at the clients location, we were unable to fulfill the order. The customer has received a full refund, but has begun to post negative reviews online stating that we are fraudulent and even going to the point of... Read more »

William John Light answered on May 2, 2019

She is entitled to post truthful facts and she is entitled to post her opinion. You are entitled to respond. Unless your contract with her contains a non-disparagement provision, or unless she is lying, there isn't much you can do. Maybe send her a copy of the Traffic Collision Report as proof... Read more »

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