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California Consumer Law Questions & Answers
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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1 Answer | Asked in Consumer Law and Gov & Administrative Law for California on
Q: I bought a gravity knife and didn’t know it was illegal in California. What should I do it’s shipped already
James L. Arrasmith
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answered on Jul 2, 2024

It's illegal to possess, sell, or import gravity knives in California. Since you've already purchased and had one shipped, you should:

1. Do not open the package when it arrives.

2. Contact the seller immediately to arrange a return.

3. If return is not possible,...
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2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: Is it legal for a "Hotel" to rent an individual a room for one night, with a defected or tampered with "Smoke Detector"

What Can I do if the 'Hotel" rented me a room with a smoke detector that was covered in plastic (plastic Bag (I think). My safety was obviously in danger. Can I recover my funds paid for the evening being as I was frightened after I noticed it, and gather my belongings and immediately... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a concerning situation. Here's a concise response addressing the key points:

1. Legality: It is not legal for a hotel to rent a room with a defective or tampered smoke detector. This violates fire safety codes and puts guests at risk.

2. Your actions: You did the right...
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1 Answer | Asked in Consumer Law for California on
Q: I was told I won $ 750,000.00 and to contact A law firm in Nevada, also was given a phone number for an escrow account

The escrow account is at B of A and it says it is $750,000.00. Is this really true or a scam. They have not asked for money.

James L. Arrasmith
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answered on Jun 30, 2024

This situation has several red flags that strongly suggest it is likely a scam:

1. Unexpected large prize: Being told you've won a large sum of money out of the blue is often a sign of a scam, especially if you don't recall entering any contest.

2. Contact with an...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: Chase bank needs to verify my tax refund check and are holding my funds in suspense till they're able to verify it.

I deposited my tax refund check to my account at chase bank on April 3 2024. After the check got cashed on April 15 2024 they closed my account and have my funds in suspense. Till this day I have not received anything from my refund check. I've gone multiple times in person and called customer... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation sounds frustrating, and it's concerning that Chase Bank is holding your tax refund funds for such an extended period without clear communication. Here are some steps you might consider taking:

1. Document everything: Keep a detailed record of all your interactions with...
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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Please let me know if a first position lender can revoke a loan if a second lien position is secured on a SFR.

A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

Probably your broker is suggesting a refinance. This way the service loan pays the first, and releases it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend...
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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Please let me know if a first position lender can revoke a loan if a second lien position is secured on a SFR.

A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider a few key points about mortgage lending practices and California law:

1. Loan agreements and due-on-encumbrance clauses:

Most first position mortgage agreements include a "due-on-encumbrance" clause. This clause gives...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can auto dealership lie about the condition of a car and omit telling you about the required 30 day warranty

When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:

1. Misrepresentation of vehicle condition:

If the dealership knowingly misrepresented the condition of...
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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: my work van was issued a recall, and the dealership is refusing to to fix the problem for free

The dealership said that they wouldn’t fix the transmission recall because the problem was caused by a transmission flush I perform myself. They want to charge me $4000. The problem with my transmission started before I did the flush. That’s the reason I did the transmission flush was because I... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address this situation, let's break it down into key points:

1. Recalls and manufacturer obligations:

When a vehicle is subject to a recall, the manufacturer is generally required to repair the issue free of charge, regardless of the vehicle's age or maintenance...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 26, 2024

There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

James L. Arrasmith
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answered on Jun 26, 2024

There are a few important points to clarify regarding your question:

1. Small claims court in California:

Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:

- $12,500 for individuals as of 2024...
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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Can I sue people that have been using my identity and have taken money from my bank account electronic transfers?

Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:

1. Identity Theft and Fraud:

- This appears to be the primary issue. You can sue the perpetrators for identity...
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1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: My Insurance canceled my policy without proper notification
James L. Arrasmith
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answered on Jun 24, 2024

I understand you're asking about a situation where your insurance policy was canceled without proper notification in California. This could potentially be a case of insurance bad faith. Here's a concise overview of the key points to consider:

1. California law requires insurers to...
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1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Skullgirls, Censorship, break of contract crowdfunding

A business that I believe violated a contract, i tried getting in contact with them but their listed principle

HIDDEN VARIABLE STUDIOS, LLC (201036210015)

address is not extent. the real estate agent said they fled despite what the filing says.

File No.: BA20221287094... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a complex situation involving potential contract violations, crowdfunding, and game development. Let me break down the key points and provide some general guidance:

1. Contract violation: You believe a business violated a contract related to a...
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

James L. Arrasmith
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answered on Jun 20, 2024

This situation involves several legal issues related to contract law, landlord-tenant law, and potentially fraud. Let's break down the key aspects:

1. Contractual relationships:

- A (subtenant) has an agreement with LL (landlord) to pay rent

- B (another subtenant) had...
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 21, 2024

Thank you for your question!

A subtenant has a contractual relationship with a leasing tenant.

Also, LL is in privity with the subtenant. (Because the subtenant is still in the possession of the property)

LL can sue either the tenant or subtenant to recover the rent....
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with this situation. Here are a few steps you can take to try to get a refund from Amazon, even though the return window has expired:

1. Contact Amazon customer service directly and explain the situation. Emphasize that you were not notified about the product...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 19, 2024

Sorry for your issues. IF you received such a notice (hard here to tell what type of product, which can matter) they are essentially admitting ALL such products have certain issues. THIS may lead to a class action? Check the net for that to see what your rights IN the class may be and whether you... View More

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