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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

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answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
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2 Answers | Asked in Consumer Law for California on
Q: I ordered an engine package costing me 8k and was told would be a 6 month wait. it has been 9 months.

In June 2023, I purchased an engine package and payed in full, with the initial understanding from the seller that the delivery would be within a 6-month timeframe ruffle. However, it's been 9 months, and I still haven't received my order. Communication with the company has been spotty at... View More

James L. Arrasmith
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answered on Apr 1, 2024

Under California law, you may have legal recourse in this situation. Here are a few points to consider:

1. Unfair business practices: The company's failure to deliver your order within the promised timeframe and their poor communication could potentially be considered unfair business...
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2 Answers | Asked in Consumer Law for California on
Q: I ordered an engine package costing me 8k and was told would be a 6 month wait. it has been 9 months.

In June 2023, I purchased an engine package and payed in full, with the initial understanding from the seller that the delivery would be within a 6-month timeframe ruffle. However, it's been 9 months, and I still haven't received my order. Communication with the company has been spotty at... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 3, 2024

THE law on your issue is on this page/link I have provided and it essentially says: IF you have not yet received your items you can cancel. You may have issues with an out of state seller??? You may need a lawyer to 'scare' them straight?... View More

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1 Answer | Asked in Consumer Law for California on
Q: Bought car from private owner for 3500.00. put 1520 as down payment. Still owe 903.00. probably cate owner stated he wou

Private owner. He would fix the issues at hand. Car is not running they want the balance what can I do

James L. Arrasmith
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answered on Apr 1, 2024

In this situation, you have a few options to consider:

1. Negotiate with the seller: Try to reach an agreement with the seller to either fix the issues as promised or reduce the remaining balance owed, considering the car's current non-running condition.

2. Legal action: If the...
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1 Answer | Asked in Contracts and Consumer Law for California on
Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.
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answered on Mar 31, 2024

Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

Leon Bayer
Leon Bayer
answered on Mar 28, 2024

To buy the car, just call the leasing company that you make the payments to. The dealer does not own the car and has no say in this process.

I hope you did not pay the dealer for 'certification.' That is just scam BS. You might report the dealer to the DMV, it sounds to me like a...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, when a dealership fails to fulfill its commitments or misleads customers about vehicle certification and necessary repairs, consumers have rights under both state and federal laws. These laws include the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law, and... View More

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1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

James L. Arrasmith
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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, particularly under Vehicle Code Section 11736(c), you are generally entitled to a refund of your deposit before signing a vehicle purchase agreement and taking delivery of the vehicle. However, the specific terms of the retail installment sale contract you signed may... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

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2 Answers | Asked in Consumer Law and Identity Theft for California on
Q: I was a victim of identity theft, my bank helped offenders opened a new account & made purchases & withdrawals.

Can they be held liable for negligence and for not protected me as a consumer?

James L. Arrasmith
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answered on Mar 25, 2024

Banks have a duty to implement reasonable security measures to protect customers' personal and financial information. If a bank fails to do so and this negligence leads to identity theft, the bank could potentially be held liable for the damages suffered by the victim. The key factor is... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, consumer protection laws are in place to safeguard individuals against deceptive practices, including undisclosed fees in lease or purchase contracts for new vehicles. The California Civil Code and the Vehicle Leasing Act offer specific regulations that demand transparency and full... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

Leon Bayer
Leon Bayer
answered on Mar 25, 2024

"Undisclosed" and "overlooked" do not have the same meanings.

Financing terms must be set out nicely and boldly. You can retain a lawyer to review your contract and advise you on whether your contract complies with the law. But if you did business with a new car dealer,...
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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I signed an agreement that states Statutorily I can only receive up to $15,000. Am I bound forever to that?

I agreed to a limit of $15,000 in an arbitration case with the Ca State License Board. The arbitrator awarded $22,000 as my judgement but statutorily I only got the $15,000. Can I go to court and sue for the remaining $7,000 or am I bound for life because I accepted the $15,000! I agreed to the... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, when you enter into an arbitration agreement and receive a final decision, that typically concludes your case regarding the specific issue or claim. If you agreed to a statutory cap of $15,000, and you have accepted this amount following an arbitration ruling, this generally... View More

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3 Answers | Asked in Consumer Law for California on
Q: CVS pharmacy called my doctor to renew a prescription without my consent. My doctor got mad at me. Script said no refill

I had previously asked not to refill anything without me asking for it. They continuously called for me to renew prescription. They told me they would stop. But over the years they continued the practice. Now my doctor is upset with me for requesting a refill that I didn’t ask for. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2024

This is an excellent question and you make a great point. There is nothing illegal in what they do (but maybe it should be-ok that the ask you but to ask the doctor is not reasonable).

“No refills” refers not that it cannot be refilled, only that there are no refills on that...
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3 Answers | Asked in Consumer Law for California on
Q: CVS pharmacy called my doctor to renew a prescription without my consent. My doctor got mad at me. Script said no refill

I had previously asked not to refill anything without me asking for it. They continuously called for me to renew prescription. They told me they would stop. But over the years they continued the practice. Now my doctor is upset with me for requesting a refill that I didn’t ask for. The... View More

James L. Arrasmith
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answered on Mar 23, 2024

In California, pharmacies may have policies to automatically refill prescriptions to ensure continuous care. However, if you've expressly requested that your prescriptions not be refilled automatically, the pharmacy should honor this request. Violating these directions could be seen as a... View More

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1 Answer | Asked in Landlord - Tenant and Consumer Law for California on
Q: I need to know about the legality of non-payment in an air bnb house.

My business partner and I have been renting an air bnb house for 13 months (120 days first booking, then extended) with no problems. We are involved in a long-term global financial partnership that is awaiting conclusion and is finally being concluded now. The rent has been paid from my... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, the distinction between a short-term guest and a tenant hinges on the length of stay and the agreement's terms. If you've been renting a property on Airbnb for over 30 days, especially continuously, you may be considered a tenant under state law, granting you rights similar... View More

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