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California Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Contracts for California on
Q: What if custom order was not made as discussed?

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, when a custom order is not made according to the agreed-upon specifications, you have the right to seek a resolution. Here are some steps you can take:

1. Document the issue: Take pictures of the couch, showing the discrepancies between the agreed-upon measurements and...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: What if custom order was not made as discussed?

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as... View More

Leon Bayer
Leon Bayer
answered on Apr 19, 2024

You have the couch and the store has not collected much money. Hard to believe they would deliver it without getting paid in full. But, the store had the couch made as per the measurements on the receipt. In my opinion, a court will not blame them.

So, you too have problems. The receipt is...
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1 Answer | Asked in Consumer Law for California on
Q: Hello I just recently purchased a used bmw recentlty and think it’s been tampered with

The description said 80k and on the odometer it says 79,185. However I checked the vin on all data and the last emission inspection was done in 8/10/2022 and it had 260,681 miles. On the gauge cluster there is a dot that is on representing that it has been tampered with. What can I do?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, it is illegal for a seller to tamper with or roll back the odometer on a vehicle. This practice is known as odometer fraud and is prohibited by both state and federal laws, including the California Vehicle Code and the Federal Odometer Act.

If you suspect that the...
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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

James L. Arrasmith
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answered on Apr 17, 2024

I understand your frustration with not receiving your reimbursement in a timely manner. Under California law, health care providers are required to reimburse overpayments within 180 days of receiving notice of the overpayment (California Health and Safety Code Section 1371.1). However, many... View More

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1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: Hello, wondering about the extent of a storage facility's liability for negligence in maintaining their roof.

Our space was inundated after a recent rain, and with the extent of mold and traces of earlier water damage we realized that it had also occurred in earlier rains this season. The 'climate controlled' ceiling was engorged and under the weight of the water was dapped. There were visible... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, a storage facility has a duty to maintain its premises in a reasonably safe condition, which includes ensuring that the roof is properly maintained to prevent water damage to tenants' property. If the storage facility fails to do so and a tenant's property is damaged... View More

2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:

1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of... View More

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2 Answers | Asked in Consumer Law, Personal Injury, Real Estate Law and Landlord - Tenant for California on
Q: Hello. I sued my ex-landlord's LLC in Las Vegas, NV. Turns out he filed an Answer, not using an attorney...

and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the complex legal situation you've described, here are a few thoughts and pieces of advice:

1. Jurisdiction: The California small claims court judge is right to question jurisdiction over the defendant, especially if he resides in Nevada and the previous lawsuit was in Nevada....
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2 Answers | Asked in Consumer Law for California on
Q: I received a gift certificate as a Christmas gift and it's not being honored

When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More

James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about your frustrating experience with the gift certificate not being honored. Based on the information you provided, it does seem that the restaurant may be violating California law regarding gift certificates. Here are a few key points about gift certificates under... View More

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2 Answers | Asked in Consumer Law for California on
Q: I received a gift certificate as a Christmas gift and it's not being honored

When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 15, 2024

Sorry for your issues. You will cost them more than the amount of the certificate if you take them to small claims court. The time alone is too much for them and if they have to hire counsel (lawyers can be expensive and a corporation cannot represent itself in court) it will cost them more still.... View More

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1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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2 Answers | Asked in Consumer Law, Securities Law, Stockbroker Fraud and White Collar Crime for California on
Q: I was one of the 19 investors in the USA vs Hewko case (2:19-cv-09736-FLA-AFM), How do I stay updated on this case?
James L. Arrasmith
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answered on Apr 11, 2024

To stay updated on the USA vs Hewko case (2:19-cv-09736-FLA-AFM), you have a few options:

1. PACER (Public Access to Court Electronic Records): As one of the investors in the case, you can register for a PACER account at https://pacer.uscourts.gov/. This will allow you to access case...
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1 Answer | Asked in Civil Rights, Consumer Law, Identity Theft and Landlord - Tenant for California on
Q: what court forms are needed to file civil lawsuit for filing a illegal eviction, negligence, Identity theft, harassment

Vehicle Vandalism/Auto Theft:

Due to the property managers inadequate security measures and camera mispositioning in the parking garage, Crystle Strong’s vehicle was vandalized and stolen. Police report available. Unlawful Detainer Eviction:

Despite receiving rent payments from... View More

James L. Arrasmith
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answered on Apr 8, 2024

To file a civil lawsuit in California for the issues you mentioned, you will need to fill out and file several court forms. The specific forms may vary depending on the county where you are filing the lawsuit and the specific claims you are making. However, here are some common forms you may need:... View More

1 Answer | Asked in Consumer Law for California on
Q: Dolus trading company sent me detox health pills I didn’t order. I cannot find aNumber for them. I think they go

I was searching keto pills which they tried to get me to buy. When I said no for over 100.00 they sent me these

James L. Arrasmith
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answered on Apr 5, 2024

I understand your concern about receiving unsolicited products from Dolus Trading Company. Under California law, this practice is known as "unsolicited goods" and is addressed in the California Civil Code, Section 1584.5.

According to this law:

1. You have the right to...
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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

James L. Arrasmith
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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Consumer Law for California on
Q: Can i be sued by a company for disputing a credit card charge after i was refused a refund after requesting a return.

I purchased something online. Received it and immediately requested a refund for a return. After many emails back and forth, the reason for my return was “not valid” enough for a return label. Company claimed i would need to purchase my own return label for $50 (the product was $53). And they... View More

James L. Arrasmith
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answered on Apr 4, 2024

You have the right to dispute a credit card charge if you believe you have been wrongfully charged or if the merchant has not provided the goods or services as promised. Disputing a charge is a legal right protected by the Fair Credit Billing Act (FCBA).

In your case, it seems that you...
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1 Answer | Asked in Consumer Law for California on
Q: How do I find out if I am included in this lawsuit?

Case 2:23-cv-08577

James L. Arrasmith
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answered on Apr 4, 2024

To find out if you are included in the lawsuit Case 2:23-cv-08577 under California law, you would need to review the class definition or scope of the lawsuit. Here are some typical steps you can take:

1. Obtain a copy of the complaint or class certification order. These legal documents...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: On going issue with about rebate with CVRP & CARB.

I'm facing an ongoing issue with the Clean Vehicle Rebate Program (CVRP) and the California Air Resources Board (CARB). Despite my repeated inquiries,made from various phone numbers, about applying before taking delivery of the vehicle, CVRP denied my rebate application.They claim to have... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, it seems that you have a potential case against CVRP and CARB for denying your rebate application despite their staff allegedly informing you that it was acceptable to apply early. Here are a few steps you can consider:

1. Gather evidence:...
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1 Answer | Asked in Consumer Law for California on
Q: Can a used car dealer keep my down payment after the bank decided not to fund the loan and I returned the car.

I purchased a car and the bank cancelled the deal. I agreed to return the car as requested after threats were made by the father and son while I was cornered in their office after being told they needed me to come down to fill out a disclosure they had missed. I hadn’t driven the car there that... View More

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, a used car dealer generally cannot keep your down payment if the bank decided not to fund the loan and you returned the car. In this situation, the contract is typically considered "rescinded" or cancelled, and both parties should be returned to their original... View More

1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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