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California Consumer Law Questions & Answers

2 Answers | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Legal Malpractice for California on

Q: Can a hotel terminate your stay by force with no just cause?

My children and I have had an extended stay at The Residence Inn by Marriott in Oxnard, California for over eight months. I have remained current with all charges and fees and have spend over $70,000 in room and amenity charges We have recieved no complaints from the hotel regarding our stay. A... Read more »

William John Light answered on Jul 19, 2019

They can rent the room to whomever they want. You have no right to force them to allow you to stay. Find another hotel. There are plenty in Oxnard that are willing to take your money.

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1 Answer | Asked in Civil Rights and Consumer Law for California on

Q: california civil code 1632(6)

Louis George Fazzi answered on Jul 15, 2019

What about it?

2 Answers | Asked in Business Law, Consumer Law and Personal Injury for California on

Q: Wrongful repossession a few months after we paid in full the lender including repo fees and repo company to recover it?

We defaulted a $2500 loan car was repossessed and we were given the opportunity to recover it. Pay in full the amount of loan, with the agreed interest, penalties, repo fees, etc... Also upon picking up our vehicle from the Auto auction where it was located have another $200+ dollars for an... Read more »

Daniel Timothy LeBel answered on Jul 13, 2019

Dear consumer,

More facts would be necessary to evaluate your situation. Filling in some of the blanks, it sounds like this lender failed to comply with California law which requires post repossession notice.

Further, under any states' laws, if you had already paid off the vehicle...
Read more »

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1 Answer | Asked in Consumer Law and Animal / Dog Law for California on

Q: My sister left her dog at my mom's. How long does she have to keep him before she can rehome him.

MGMT Has said no more pets. My mom is disabled and he is a big dog that needs to go in and out. My mom struggles to do this daily. Also the dog does not get along with the other pets. My sister has been informed via txt to pick up her dog. She has not responded.

William John Light answered on Jul 10, 2019

Ordinarily, you are under no obligation to keep any other person's animals for any period of time. If she agreed to do so, or accepted money for doing so, that would be different. If she no longer want to, or cannot serve any longer, she should notify her daughter in writing that she will... Read more »

1 Answer | Asked in Consumer Law for California on

Q: I am being sued by a debt collector. i pulled my credit report, and said debt is not there. I intend to answer with a

copy of the credit report, stating said debt does not exist, having passed the Statute of Limitations, and having been purged from the report. Is it possible they have something I may not be aware of? Do I have a reasonable chance of success?

Barak J Berlin answered on Jul 9, 2019

Debt collectors are not required to report the alleged debt to the credit reporting agencies (Experian, Equifax, TransUnion). That said, they usually do as long as they can. If this is a debt which you have not paid for more than four years prior to the filing of the complaint, you have an... Read more »

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Landlord - Tenant for California on

Q: May rent paid late, adding $25, paid May & June on May 26. Didn’t pay $25 late fee. Can they charge another $25?

I paid May’s storage a few weeks late. Was charged $25 late fee. When I paid May, I also paid June. But since I still had that u paid $25 late fee, they charged me another $25 since I didn’t pay the $25. It’s a late fee for an unpaid late fee. Is that legal?

Louis George Fazzi answered on Jul 3, 2019

Without seeing the storage contract, and the history of your payments, it is impossible to determine whether you are being charged incorrectly or not. Find a local legal aid clinic and go there and ask one of their attorneys your questions. Make sure you take your storage contract so the exact... Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for California on

Q: If a car rental company states guaranteed model, is there a definition of confidence in US law

William John Light answered on Jul 3, 2019

This doesn't make any sense. "[D]efinition of confidence"? Never heard of it. If you are asking whether you are entitled to the specific model of rental car, instead of a similar car within the same class of cars, it would depend on your contract. However, if the rental agency substituted a... Read more »

2 Answers | Asked in Consumer Law for California on

Q: Lexus had my car's since. January say I own them 3600 for damage I done to a loaner no repair was done to my car what c

Scott Richard Kaufman answered on Jun 15, 2019

These are two separate issues. They're holding your car is a "civil" stealing or "conversion" of your property. They need to sue you for the "other" damages and prove it.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on

Q: Should I respond to a civil lawsuit or just wait for my hearing.

Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »

William John Light answered on Jun 12, 2019

You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »

1 Answer | Asked in Consumer Law for California on

Q: I’m being sued by Midland for $1200 credit debt and don’t know how to respond. What do you suggest ?

William John Light answered on Jun 11, 2019

1. Pay;

2. File an Answer within 30 day of service upon you and defend yourself; or,

3. Consult bankruptcy counsel.

2 Answers | Asked in Consumer Law for California on

Q: Can a 22 year old date a 17 year old if they got permission from the 17 year old parents

Barak J Berlin answered on Jun 5, 2019

No. See Penal Code Section 261.5

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=261.5.

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2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on

Q: Is 2200 a good settlement

I was in a car accident 12/17 that resulted in neck and back pain. I went to the ER and multiple dr visits such as PT, chiropractor, neurologist for neck and back injections. My medical lien is 953$ and my car damages were 4500$. I was in a car accident back in 2012 with similar symptoms also.

Dale S. Gribow answered on May 31, 2019

much more info needed

it's like calling me up if i was a dr and saying another dr charged X dollars for a surgery or treatment and whether that was fair.

there is no way to know and any lawyer that answers with that limited info is probably guilty of malpractice...in my opinion....
Read more »

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1 Answer | Asked in Contracts, Intellectual Property, Consumer Law and Internet Law for California on

Q: A Los Angeles based hosting company without warning denied 100k customers access to their intangible personal property.

The company the 100K customers contracted with is called AlphaRacks. AlphaRacks contracted with a company called QuadraNet to provide the actual computer servers. Those two companies have some type of dispute. Without warning on 5/16/19, QuadraNet disconnected access for all of AlphaRacks... Read more »

Bruce Alexander Minnick answered on May 30, 2019

The only way to solve this problem is to read all the written contracts made between the two warring companies and then read all the contracts made between you and whichever company you had a contractual relationship with. If you think there is a class action hiding in these facts, hire a lawyer

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Consumer Law and Contracts for California on

Q: DOES ANYONE ANSWER LANDLORD/TENANT QUESTIONS? OR ARE MY QUESTIONS ASKED INCORRECTLY?

Bruce Alexander Minnick answered on May 30, 2019

Perhaps if you STOPPED YELLING some California landlord/tenant lawyers might respond?

2 Answers | Asked in Contracts, Consumer Law, Real Estate Law and Construction Law for California on

Q: How Long Does a Restoration Company Have to Perform On a Contract ?

In December of 2018 my home sustained over 45,000 interior damage rendering it uninhabitable . I signed a contract with a licensed , reputable restoration company February 20, 2019 for repairs . Contract appears legal but the start and end date of work was left blank . Explanation given “ we may... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Based upon your description of what happened it sounds like you have good reason to ask the builder for a statement of the work done, and then pay the builder some reasonable amount (especially for materials) and cancel the contract IN WRITING. However, before you do that you might want to look... Read more »

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2 Answers | Asked in Car Accidents, Consumer Law, Contracts and Lemon Law for California on

Q: Is it possible to return a used car and get refunded for intermittent everyday starting the engine problems?

I bought a used car from VW Ventura

And the car is broken from day 1

I'm have intermittent problems when i try to start the engine won't work

I returned the car to the dealer the next day and they refused to take in for the car not showing an engine check sign

The... Read more »

Manuel Alzamora Juarez answered on May 27, 2019

The used car dealers have to obey the law. Hire the “Lemon Lawyer” And let him handle your case. Best of luck.

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1 Answer | Asked in Consumer Law for California on

Q: I paid the dealer to register the car in my name it's been 5 months and he still hasn't done it. What are my rights.

It was a government vehicle he bought at auction and I believe he was supposed to register it in his name first before he sold it to me.but he didn't and I paid him $200 to register and give me my license plates but he still hasn't done it it's been 5 months.

Scott Richard Kaufman answered on May 26, 2019

This can get quite expensive for the bad guy here. A lawsuit re: failure to deliver title, can be a problem for the dealer. START by contacting the DMV investigations department and by reaching out to a consumer protection attorney.

2 Answers | Asked in Consumer Law for California on

Q: What is usury for interest charged on a $3,900 auto loan?

A friend, who is naïve and mentally-challenged received an auto loan with a principal amount of $3,900 at an interest rate of 47.99% with equally horrendous late charges. To date she has paid over $11,000 on the $3,900 and the lender is requiring $3,500 from her to pay it off. I want them to... Read more »

William John Light answered on May 23, 2019

To my understanding, there is no limit on interest rates for loans over $2,500 from a duly licensed finance lender. See Financial Code section 22007 & 22303.

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FIN&division=9.&title=&part=&chapter=1.&article=1....
Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for California on

Q: I purchased a vehicle from a used car dealer and was reposed illegally and was not given the opp. to reinstate

they gave me one explanation in writing and another verbally and they charged me a fee to give me back my property and kept given me the run around wat can I do?

Scott Richard Kaufman answered on May 22, 2019

You have rights. I'd STRONGLY recommend you get in touch with the DMV Investigations unit to see what they have to say. My guess is that they can help, fast.

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for California on

Q: In CA can bondsmen revoke bail later if they all of a sudden want another cosighner?

I cosighned for a bail paid 2000 down signed a contract and its been a week and a half since person was released. I received a call from bondsmen demanding another co-sighner. I have thoroughly read my contract and nothing in it says I need or agreed to an additional co-sighner. I even put down... Read more »

William John Light answered on May 19, 2019

You, or an attorney, would have to read the bonding agreement. It may allow for revocation of the bond in certain circumstances.

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