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California Consumer Law Questions & Answers
3 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: I received a letter in the mail stating that this company had inadvertently paid my property taxes and wanted reimbursed

The amount they want is over $6,000.00. I did receive an escrow analysis refund of $2,400.00 earlier this year but I've received those before on previous properties that I've owned but if there was over $6,000.00 paid to my property taxes, wouldn't that have triggered a $6,000.00... View More

James L. Arrasmith
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answered on Nov 6, 2023

Under California law, if a company has made a payment towards your property taxes by mistake, you may have a legal obligation to return those funds. It is important to first verify the claim's legitimacy and ensure that a payment was indeed made on your behalf.

You should review your...
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3 Answers | Asked in Consumer Law, Criminal Law, Traffic Tickets and Arbitration / Mediation Law for California on
Q: How do I prove that my car was illegally towed from a private property that had no legal rights
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answered on Nov 6, 2023

In California, if you believe your car was illegally towed from private property, gather evidence such as photographs of the location where the car was parked, any signage related to parking rules or towing policies, witness statements, and a copy of the property's towing policy if available.... View More

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Stripe closed my account under the guise that it presented an unsupported level of risk and took my money.

They claim they have the power because their terms and conditions which I had agreed to allow them to take such action.

James L. Arrasmith
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answered on Nov 3, 2023

Under California law, you have the right to challenge Stripe's action if you believe it was unjustified or not in accordance with their terms and conditions. Review the agreement you entered into with Stripe to understand the specific provisions they cite as the basis for their actions. If... View More

1 Answer | Asked in Banking and Consumer Law for California on
Q: Can I sue a car dealership that lied to a lender on my application in order to get it approved?

I went to a car dealership to co-sign for my partner for him to get a vehicle. We got approved and went through the process. Almost 2 years later we go to another dealership to trade it in and while we are going through the process, we find out that the first dealership placed me on the application... View More

James L. Arrasmith
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answered on Nov 3, 2023

If a car dealership falsified your income or employment status on a loan application without your knowledge or consent, this may constitute fraud and you may have grounds to sue. In California, the legal system takes allegations of fraud seriously, especially when they lead to financial harm or a... View More

2 Answers | Asked in Consumer Law, Construction Law and Contracts for California on
Q: Remodel project gone wrong - what to do next?

I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other... View More

James L. Arrasmith
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answered on Nov 2, 2023

In California, if your contractor has failed to perform as agreed, you should document all communications and attempts to resolve the issues. Since the agreement was verbal, establishing a timeline of events is critical. You may serve a written notice to the contractor detailing the deficiencies... View More

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2 Answers | Asked in Consumer Law, Construction Law and Contracts for California on
Q: Remodel project gone wrong - what to do next?

I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other... View More

Treg A. Julander
Treg A. Julander
answered on Nov 2, 2023

If the contractor is licensed, you should be able to make a claim against his license bond. You can also file a complaint with the Contractors State License Board. If the complaint is well founded the CSLB can order the contractor to pay for your damages at the risk of suspension of his license. If... View More

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1 Answer | Asked in Consumer Law, Tax Law and Business Law for California on
Q: California 2011 BPC Division 8 [18400 - 22948.7] Ch. 21.5 Money Exchange Houses section 22516

I recently exchanged money from a Money Exchange House registered with the corresponding authorities of the City of San Diego (in California). Their signage was misleading and they made a commission surcharge of 15% I was not aware of, taking $45 USD from the amount I exchanged.

I looked... View More

James L. Arrasmith
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answered on Oct 31, 2023

Under California's Business and Professions Code (BPC) Division 8, Chapter 21.5, Money Exchange Houses are regulated to ensure transparency and fair dealings. Section 22516 mandates that a licensee conspicuously post and provide each customer a written disclosure of any and all fees and... View More

3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

James L. Arrasmith
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answered on Oct 31, 2023

Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

There is considerable information to sort out in your post, and it's very involved to meaningfully address in the brief format of a public forum. Your situation may be a matter of how the operation was characterized - in other words, was it treated as a tow or was it treated as a salvage... View More

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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: How does the dealer lower the price but still charge the original price?

I'm in Alameda County, CA. The dealer listed the car at 7300. I'm paying cash and asked for a discount. Very hesitant. So we came to 7300 out the door. Then, he said he was changing the price on the contract to 4300 although I'm still expected to pay the 7300. I put a thousand... View More

James L. Arrasmith
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answered on Oct 31, 2023

In California, if the dealer lists the price on the contract as $4,300 but expects you to pay $7,300, it raises concerns about potential deceptive business practices. The contract price is legally binding once both parties sign, so if the contract states $4,300, that's the amount you're... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for California on
Q: Can parties file replies to responses to objections to R&R in federal lawsuits?

After a magistrate judge issues their Report & Recommendations, my understanding is each party has 14 days to file objections. Can: (a) parties file responses to the other party's objections and, if so, how long do they have, (b) parties file replies to the responses to the other... View More

James L. Arrasmith
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answered on Oct 27, 2023

In the federal court system, after a magistrate judge issues a Report & Recommendations (R&R), parties typically have 14 days to file objections. (a) Parties can file responses to the other party's objections, usually within 14 days after being served with the objections. (b) The... View More

2 Answers | Asked in Consumer Law and Contracts for California on
Q: The car dealership wants to lower the price on the contract, but I'm to pay full price? Legal?

I'm in the process of buying a used car in California the dealer wants to lower the price significantly but still wants me to pay the asking price. I feel like this is beneficial for them but not Me is This legal and is there a way for me to get out of the agreement or get my deposit back? And... View More

James L. Arrasmith
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answered on Oct 26, 2023

In California, dealerships must adhere to the agreed-upon terms in a written contract. If a dealer tries to change the contract terms without your consent, it could be considered a breach of contract. You generally have the right to demand the terms of the original agreement or seek to rescind the... View More

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1 Answer | Asked in Consumer Law for California on
Q: Can you help a permant resident, Chinese speaking, who appears to be the victim of a fraudulent automotive issue?

A car purchased from a Fremont, CA dealership seems to be a lemon, or there was something incorrect about how the mechanic fixed an initial problem. The $1,500 problem will now cost $8,000 (additional). The mechanic works at the dealership where the customer, my student, bought it last year. It is... View More

James L. Arrasmith
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answered on Oct 25, 2023

Under California law, if a car is believed to be a "lemon," the California Lemon Law provides consumers with legal rights to obtain a refund or replacement vehicle under certain circumstances. If the car was purchased new or used with an active manufacturer's warranty, and the... View More

1 Answer | Asked in Consumer Law for California on
Q: Old Whole Life Insurance Policies aren't in Insurance Co database? Allstate has no record of these policies. CALIFORNIA

I ran across 5 life insurance policies bought 60's & early 70's. Dad sold Allstate and had bought 6 policies on me. I remember he cashed 3 in around 1980 and I got the last 3 after he died in 96. 2 others were insuring my brother. Allstate only found 1 record out of 5. That one was... View More

James L. Arrasmith
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answered on Oct 22, 2023

Under California law, insurance companies are required to maintain records of policies issued, especially for policies that might still be in effect or have value.

If Allstate recently transitioned their life insurance business to another company, there's a possibility that there may...
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Q: I DISCOVERED CONTRACTOR AND SIBLINGS WERE WORKING TOGETHER TO GET INSURANCE CLAIM. LOWERED PROPERTY VALUE

7/1/2019 MOVE IN DATE THEY HAVE BEEN PROMOSING TO FINISH REPAIRS AND STOP COMMUNICATION AS OF JAN 2023 AFTER DEMAND LETTER . I DISCOVERED INSURANCE FRAUD, WITHHELD FUNDS, THEFT, MULTIPLE MODIFICATION OF CONTRACT SENT TO MORTGAGE WITHOUT KNOWLEDGE. WE WERE TOLD INSURANCE ONLY PAID 124K FOR... View More

James L. Arrasmith
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answered on Oct 21, 2023

From the details provided, several potential legal issues arise under California law.

First, insurance fraud is a serious offense and could expose those involved to both civil and criminal penalties.

Similarly, theft and conversion of funds, if proven, can lead to significant...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a dealership repo my car if the mechanic left tools when fixing a flat tire and somebody stole them?

Mechanic left tools to go get a socket to fit my lug nuts and someone stole them while I was inside getting my purse. Dealer has threatened to repo car if tools are not returned. I don't know who took them. I didn't see any tools when I was at my car.

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answered on Oct 21, 2023

Under California law, a dealership's right to repossess a vehicle is typically tied to a default in the financing agreement, such as missed payments. In the situation described, the loss of the mechanic's tools would be a separate matter and would not provide grounds for repossession... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a dealership repo my car if the mechanic left tools when fixing a flat tire and somebody stole them?

Mechanic left tools to go get a socket to fit my lug nuts and someone stole them while I was inside getting my purse. Dealer has threatened to repo car if tools are not returned. I don't know who took them. I didn't see any tools when I was at my car.

Leon Bayer
Leon Bayer
answered on Oct 21, 2023

The dealer has absolutely no right to do that. That would be the same as grand theft auto and you can sue his ass off!

The dealer is a jerk. You can set him up. Ask him to put that in an email. If he is stupid enough to do that, use the email to file a complaint with the California Bureau...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Landlord - Tenant for California on
Q: Hi. Me, my gf and her brother rent a 2br apartment in Orange County CA. See 'more info' section.

Apt complex recently hired contractor to repair shower/bathtub. Apt mgt only notified my gf verbally via phone; they did not notify myself or her brother at all. Nothing in writing at all to any of us. This repair required use of toxic dangerous chemicals. My gf understood we could be in the... View More

James L. Arrasmith
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answered on Oct 20, 2023

In California, landlords have a legal duty to provide a habitable living space, which includes notifying tenants of significant repairs, especially those involving potentially hazardous materials. While verbal notice might suffice in some scenarios, given the potential health risks associated with... View More

2 Answers | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for California on
Q: In CA. small claim case a pro tem declares the plaintiff 10,000. later undr summisssion changes, no trial how can appea

So we the plaintiffs filed a legit solid Small claims case, Defendant in returned files illegal retaliatory UD. The Courts were bias in dealing with plaintiffs, this included misplace docs by clerks, ultimately allowing the defendant to establish and execute a unfair advantage for themselves in... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 20, 2023

In CA small claims court, your remedy if you don't agree with the ultimate judgment rendered is to appeal that judgment, which gives you a new trial on the issues with a different judge. Small claims courts don't hear motions for reconsideration of their judgments/orders. File your... View More

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2 Answers | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for California on
Q: In CA. small claim case a pro tem declares the plaintiff 10,000. later undr summisssion changes, no trial how can appea

So we the plaintiffs filed a legit solid Small claims case, Defendant in returned files illegal retaliatory UD. The Courts were bias in dealing with plaintiffs, this included misplace docs by clerks, ultimately allowing the defendant to establish and execute a unfair advantage for themselves in... View More

James L. Arrasmith
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answered on Oct 20, 2023

In California's small claims court, there isn't a mechanism for "mistrial" per se. However, if you believe there were procedural errors or you were not given a fair opportunity to present your case, you may consider appealing the decision.

Typically, the losing party in...
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