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California Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law for California on
Q: Can I recover proceeds from tow yard sale of my car?

Can I recover proceeds from tow yard sale of my car?

In 2014 my house suffered a serious fire and I was injured badly. My vehicle was towed by a company purporting to help me rebuild. My insurance had lapsed and they backed out of assisting me.

I found out that my vehicle was... View More

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

Sorry for your issues. Hope you are feeling better. Hopefully your HOME insurance had not lapsed too? First, the time to bring such a claim has almost assredly expired long ago. Typically, FOUR years with a writing and TWO years without one, is how long you have to sue. Assuming you COULD still... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 8, 2024

Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

First, it is rare that ONE company does this all. Usually there are...
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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealer is trying to keep my down payment after they requested the account t be returned and took the car. Is this legal

08/31/2024 i went to super shopper auto to finance a used 2018 Honda Accord through in-house financing but when I arrived the manager had a retail installment agreement contract typed and printed for me to sign through a third party call California auto finance 5 days later the dealer requested the... View More

Leon Bayer
Leon Bayer
answered on Oct 2, 2024

It sounds illegal. You can sue the dealer in small claims court and you can make a complaint to the California DMV: The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had the roof fixed but the contractor overcharged me!

Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.

I am wishing I... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2024

Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.

Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference....
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2 Answers | Asked in Consumer Law for California on
Q: If a company makes an agreement or offer to you for a specific product in an email, do they have to honor what it says?

The company now states that thier employee provided the incorrect information and does not want to uphold what the email states.

Robert E. Wasserman
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answered on Oct 14, 2024

A key factor would be if the employee who sent the email had the authority of the company to make binding decisions. If the employee held an executive title, such as Vice President of Sales, it is more likely than not that they had the authority to bind the company. Assuming the employee did have... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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3 Answers | Asked in Consumer Law, Personal Injury and Business Law for California on
Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance... View More

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

Addendum - the burden of proof is on them to demonstrate that it was you who was there. Still, try to get that video - video footage almost always wins over eyewitness accounts. Eyewitness accounts are recognized by courts to have their shortcomings. Good luck

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

As my colleague advises, try to obtain that surveillance footage. It would be good to try to get a copy without further delay. If the resolution is good enough for facial recognition, that could be irrefutable evidence in your favor. Good luck

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

James L. Arrasmith
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answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

James L. Arrasmith
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answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Consumer Law for California on
Q: I GOT SCAMMED AND I NEED HELP

I purchased a Black 2017 Honda Civic EX-L Hatchback on June 28th at 2:10 PM with no car title for $14,000 from a man named Rick.

The seller had no title, told me to go to the DMV with these forms he gave me such as Proof of Smog Certificate/Receipt,

DMV Bill Of Sale Signed, & a... View More

James L. Arrasmith
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answered on Jul 25, 2024

First, gather all the documents you received from the seller, including the Proof of Smog Certificate, DMV Bill Of Sale, and DMV Title Replacement Form. Keep a record of all communications with the seller and CarMax. This will be crucial evidence when reporting the fraud.

Next, contact the...
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1 Answer | Asked in Consumer Law for California on
Q: Can I put my name on a docket for a class action lawsuit? I need to know how to do this? Where do I go?

This is for a class action lawsuit.

James L. Arrasmith
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answered on Jul 25, 2024

To put your name on a docket for a class action lawsuit in California, you'll need to find an existing class action lawsuit that aligns with your situation. Start by searching online for class action lawsuits in California related to your issue. Websites like ClassAction.org and... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More

James L. Arrasmith
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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

1 Answer | Asked in Consumer Law for California on
Q: Is this a class action lawsuit with an airline?

On a recent overnight flight my TV screen did not work. I spoke to the flight attendant who could not get the screen working and said that it was a full flight and could not find me another seat. On my return flight the TV technically worked, but the touch screen did not. So I was unable again to... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you had a frustrating experience with the in-flight entertainment on both of your flights. While this is certainly disappointing, it might be challenging to pursue a class action lawsuit based solely on the lack of entertainment. Generally, class action lawsuits require a large group... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

1 Answer | Asked in Animal / Dog Law and Consumer Law for California on
Q: Can my vet add to my invoice from something in 2020, 4 years ago and add interest fee and late charges all in one day.

So this is the place I use to work at I left on good terms. My cat passed away 2 weeks ago I didn't have money to pay for his ashes I asked if it's okay to do payments I'll pay when I get paid next week, they said okay. So my other cat got sick me terrified that he has the same thing... View More

James L. Arrasmith
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answered on Jul 3, 2024

This is a complex situation that raises several legal and ethical questions about veterinary billing practices. Here's a breakdown of the key issues:

1. Adding charges from 2020:

Generally, a business can bill for services rendered, even if there was an initial oversight....
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