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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: Can I ask for an extension for court date on my trial date? I'm being sued for debt but need more time. It's on 4/29.
Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

You can always make a motion to the court for a trial date continuance (it may not be granted, but you can ask). It's more likely to be granted if you can get the creditor to agree to provide more time for you to gather the debt owed.

1 Answer | Asked in Consumer Law, Small Claims and Contracts for California on
Q: Is Novation agreement possible without original debtor?

I’m a creditor.

Original debtor John cannot be reached at all.

His relative Michael is willing to take over the debt through installments, and he wants to do an agreement which guarantees that John’s debt is transferred to him, so John is no longer owes me(creditor) anything.... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

You can assign debt from one debtor to another, but the problem is if you cannot find the one willing to take on John's debt you won't be able to get the assignment completed/signed. You might need to hire an investigator/skip tracer to find Michael first.

1 Answer | Asked in Consumer Law for California on
Q: Items ordered on open account not delivered. Carrier says they were. No signature was required. Who is responsible?

Shipper refuses to reverse the charges for the goods, and keeps adding monthly late fees to my account. I was home at time of alleged delivery, as were 2 other people. The shipper and carrier are both large corporations. The shipper is in Louisiana. I have been a customer for 25 years. I filed a... Read more »

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

Sounds like both facts can be true, as in, they lived up to their end by delivering and you did not get it. So, the Judge will decide and who knows what s/he will decide??? Maybe it would be better to make a claim on your insurance?

2 Answers | Asked in Consumer Law and Personal Injury for California on
Q: Caught my landlord threat me with a tro&eapo 2 force evict. 4 mos wait 4 hearing, then dismissed in my favor. Help plea

Deputies serve me court orders, 4 the second time in the week, adding verbal instruction that I must immediately leave my residence, or else they would take me to jail, in their vehicle, on 8/2/2021.

On or about 6/28/21, an agent of the landlord & the landlord, tresspassed on my... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 28, 2022

I'm sorry this happened. What did your attorney say/do about this when they went for the restraining order AND showed this evidence you have on tape AND when they tried to evict you? Seems like THAT was the time to make sure you had your legal ducks all in a row. That said, it may be wise to... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Can you sue a franchise for not honoring an advertise promotion?

I reached out to the chain franchise and they reassured me the franchise I went to was participating in the promotion. The specific franchise is profiting off not honoring a popular promotion. I’ve been there twice and had the same issue.

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Mar 24, 2022

There are missing facts here but it sounds like a corporation is falsely advertising a promotion without a disclaimer that the offer may not be available at all locations. Or maybe not. You should consult with an attorney experienced in consumer class actions.

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: car repair rip off

Dealership increased the repair cost from $500 to $4,300 and repaired the car with no authorization

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Mar 23, 2022

The dealership and mechanics have responsibilities under California law. There's no need on your part to establish any agreement with the shop on their duties and your responsibilities.

First, before beginning any repairs, the auto shop must provide you with an estimate showing the...
Read more »

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1 Answer | Asked in Consumer Law and Identity Theft for California on
Q: If a credit card company denied claim of fraud, what next 1940$
Yelena Gurevich
Yelena Gurevich answered on Mar 22, 2022

an attorney would need more facts to assist you. contact a consumer protection attorney right away and have documents ready for the attorney to review.

1 Answer | Asked in Consumer Law for California on
Q: I’m buying a car from the lady I rent from. She’s charging me $8,500 for the whole car. I’ve already paid $5,600.

I pay her weekly for the car. I was short on my last payment to her. I told her I need one more day to go make the money so that I wouldn’t be behind. She said that’s ok. Then early the next morning she comes and picks up the car. Can she do that? The car is registered under my name.

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 20, 2022

Well, she did it apparently? Check your agreement to see if she has the right to do it? My guess is she likely does not have such a right. Also, if this is a landlord, any fight could get ugly, as in, you may end up losing your place of residence? You will want to sit down with an atty asap to... Read more »

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can a store charge you a restocking fee if item has not been delivered because they keep changing the ETA

and you cancel the order?

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 17, 2022

Generally, I'd say that not a lawful move. You may want to see all agreements you signed or signed off on and have them send their written policy on this to you and where you can find it in the contract and/or online...

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: Horses at my so called friends house she went and bought hay

My friend ( so I thought) said I could keep my horses at her house. I told her I would provide hay I just need a day in advance notice. Well she never said a word to me and went and bought 10 bales of hay and wants me to pay her for them or she won't let me remove my horses. She knows that I... Read more »

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

You have not asked a question, but, I'll pass on some thoughts:

a- You need to move your horses asap

b- IF you have to pay $180.00 to do it, you should

c- if you are not happy after paying it and getting your horses, you can then sue, if you want.

d- as a human...
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1 Answer | Asked in Consumer Law for California on
Q: We are selling our home located in California. We signed the listing agreement a month ago, but it is still not listed

Our agent told the tenants not to submit their offer if it was less than $900,000, this amount being $100,000 over the listing price in the agreement. This was conveyed without our knowledge or consent. How is this legal?

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

Hard to say without seeing your contract, which you should read AND you should

also hire counsel to review it. That said, IF you had the relationship (you likely did)

with the offerer before you signed a representation deal, it's entirely possible you

can accept the offer...

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: what kind of lawyer do I need if I want to sue or take to small claims court fidelity national home warranty?

I need lawyer in my area (zip code 91335) to consult about taking a lawsuit against fidelity home warranty for denying credible claims.

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

In CA lawyers are not allowed in small claims court.

Warranty law is otherwise known as lemon law.

Consider trying a lemon law atty for help...

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Landlord - Tenant for California on
Q: do we have to have answer a interrogatory and admission is there a form we can file to refude to answer till court date
Kenneth Sisco
Kenneth Sisco answered on Mar 10, 2022

The flippant, snarky, and downright rude (apologies) answer is, "Yes, it is called a 'Request for dismissal of your case,' or if you are the Defendant, it is called 'Withdrawal of Answer to Complaint.' If you want to litigate your case, and go to trial, then you must... Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Storage is confinscated

I rented a storage unit yesterday, paid $165 it’s paid thru April 3. today I was locked out and my stuff is being kept unless I pay $689.00 because of a unit I rented that was sent to collections 18 years ago. Is this legal?

Leon Bayer
Leon Bayer answered on Mar 6, 2022

It is not legal what they are doing. The statute of limitations on that contract and any warehouse lien expired more than a decade ago. They are in breach of your new contract, guilty of conversion, fraud, and in violation of the covenant of good faith and fair dealing. They would have been within... Read more »

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can we do an agreement without A?

1: Person A owes our company $10,000.

But, he is not answering the phone, no email reply, no postmail reply.

We have his address, but not sure he still lives there.

2: Person B(A's relative) told us he will pay us A's debt for 10 installments.

3: We... Read more »

Leon Bayer
Leon Bayer answered on Mar 4, 2022

Sure, you can do it yourself, but if you want an enforceable agreement, you should have a lawyer handle it.

Frankly, I see no point to any this and I think your just getting played. If B wants to pay, then what is stopping B? A and B are probably the same person. Even if they are...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for California on
Q: I got scammed through PayPal f&f, but I also paid g&s for a preorder item. How can I get my money back?

I payed a shop $6000 through PayPal g&s and f&f, half each. I never got my order for half a year so I contacted PayPal. I got my refund through g&s but I can’t get my other $3000 from f&f since he doesn’t reply to me on Facebook. Can I file against him or can the police do... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 23, 2022

IF, someone owes you money, you can sue in small claims for up to $10k and be in court in no time.

However, crooked people don't usually have assets to go after...ie attach.

Thus one is often left with a verdict/ruling and a challenge collecting on it.

Of course, you...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Can an internet company reopen my account legally without my consent and charge me for a service I closed with them?

Back in 2019 I had an account with spectrum and everything went decent up until I noticed a service on my monthly bill I never requested or authorized and the company would remove said service when I called them out on it since I never used that service. I closed my account because it became... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 22, 2022

there are fact specific layers here that require that you need to speak with a debt collection attorney and have all your documents and facts ready for review. if you were already in "collections" when you closed your account, then they were claiming that you owed them money. having a... Read more »

3 Answers | Asked in Consumer Law and Collections for California on
Q: What should I do when contacted by a commercial debt collector for invalid debt?

I received an email from a debt collection agency. I requested a debt verification from them, and they say that they are a commercial collection agency and the debt is not subject to FDCPA. Also, they sent me a document that does not show me the debt belongs to me. Is it legal to they keep... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Feb 18, 2022

They are correct that the FDCPA does not apply to commercial debt. Whether or not the alleged debt is commercial or consumer debt can be a complicated analysis. You can ignore them and they will eventually sued on the claim or not. If you want to be more proactive and determine if this is a valid... Read more »

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a Company request for Payback for incorrect/double payment after signing Mutual Release Agreement

Signed a Contract for a Vehicle Purchase - but was double charged for it , and requested refund of additional payment which was reimbursed after a long time.

In the meantime the Vehicle had some issues - which the company settled by making me sign a Mutual Release agreement - that absolves... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 17, 2022

Like many contracts and releases, it really comes down to the specific wording of the document. They can always threaten to sue, or even file a lawsuit, but to understand whether their action is realistic you need an attorney to review the documents.

2 Answers | Asked in Consumer Law and Products Liability for California on
Q: Daughter is a paraplegic & purchased a glide n go. She has been injured and burned. How to get help, $ back & return it?

The steel seat has fallen on her shoulder and head multiple times. It is not level, but sits at an angle more like a slide than horizontal. Seat has gotten so hot it has given her 3 degree burns on her buttocks she has been doctoring for 9 months. The support arm fell off and someone caught her... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 16, 2022

she needs to call and consult with an attorney that does product liability/ personal injury.

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