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California Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Probate for California on
Q: My deceased sister's car was towed and held in the tow company's lot. They're demanding $10K in storage fee's, in Ca.

Her boyfriend used the car after her death but had it towed claiming it was abandond in his driveway 6 months later when he found out her sister (heir) had been found. Isn't there a limit to storage fee's in Ca.?

Howard E. Kane
Howard E. Kane answered on Sep 23, 2021

Section 10652.5 of the Vehicle Code caps the storage fees that can be charged to 15 days IF the towing company provides proper notice to the owner by certified mail, return receipt requested. The question then becomes whether or not the towing company provided proper notice which may allow them to... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Can a cashier in a grocery store ask my age directly? I did not buy any age related items. Illegal? Thanks!
Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 22, 2021

Illegal like a crime? Your question is hard to understand.

1 Answer | Asked in Consumer Law for California on
Q: Which class does this situation fall under? I want to make sure I am contacting the right attorneys. Thank you.

I am looking to either start a class action or personal lawsuit. There is a company that provides cosmetic surgery and I believe they are using faulty practices, faulty equipment or are just blatantly lying in order to keep a certain percentage of deposits each day and canceling peoples surgeries.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Sorry to hear that you were scammed. From your description I would consider this to be Consumer Law, however, because the procedure involves surgery, you might also want to post in Medical Malpractice; and since you are interested in bringing a class action, you could also post as Class Action.... Read more »

1 Answer | Asked in Products Liability and Consumer Law for California on
Q: Can I back out of purchasing a car

I signed all contract paperwork for a vehicle at a dealership, I haven't signed the loan check yet to give to them yet though. They said I could pick the car up after they repaired it due to recalls. This was a few days ago and I haven't heard anything back, they gave me a rental for the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

As this question was written 6 days ago, I'm hoping this has been resolved by now. But short answer is, yes you should be able to back out of the deal if you haven't received the car yet. On top of there being some consumer protection laws, that give some room for a buyer to have... Read more »

2 Answers | Asked in Consumer Law and Civil Rights for California on
Q: can I sue a 503c "charity" that instead of replacing id, delayed several months and cost me thousands; to make money

I was imposition-ed, lied to, accused of drug use in public, used to perform work without compensated, signed notary book and they refuse to show me why? They retaliated because i threaten to report them .

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

It would seem that you were possible subjected to several civil wrongs, called "torts" by this company, and you may also have wage claims that you can file with the labor commissioner. Yes, you can sue them for the torts that they committed against you, just because they are a 503c... Read more »

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1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

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


Louis George Fazzi
Louis George Fazzi answered on Aug 30, 2021

You need a lawyer who is knowledgeable on discrimination in employment cases. You can find them by going to the website for the California Employment Lawyer's Association (CELA), or to even the Los Angeles Bar Association's website (LACBA) and looking for their Lawyer's Referral... Read more »

1 Answer | Asked in Banking and Consumer Law for California on
Q: How long can a State of California/US treasury Check legally be held by a bank ?

I went inside the bank to deposit a check. Was told was gonna be held til next day. I get email stating it’s on a hold/freeze. That was 8/24. States it will be held til 9/2. Spoke with rep who said confidential hold. Read the reasons on why it could possibly invoke a hold. None of those reasons... Read more »

Leon Bayer
Leon Bayer answered on Aug 29, 2021

Was the check made out to you or to someone else and signed over to you?

Clearly there is something making the bank concerned. What could that possibly be?

You say you cashed a similar check 6 months ago.

That is what makes me ask if the check belonged to someone else. If...
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1 Answer | Asked in Consumer Law and Foreclosure for California on
Q: I have a hard money loan for the house that i occupied! Is this ilegal? To give loan on this terms?
Leon Bayer
Leon Bayer answered on Aug 26, 2021

I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?

Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of...
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1 Answer | Asked in Civil Rights and Consumer Law for California on
Q: In California, For Civil debt over 25k unlimited, do Courts allow installment payment plan

I was wondering if the Courts allow Installment agreement for cases above the 25k limit, I saw they do offer for below 25k but I could not find any info about above 25k installment agreement on the Court website.

And Should I hire a lawyer to file the Motion and serve the other side. So... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 25, 2021

1. A civil debt is between you and the creditor. The court does not get involved with how the parties settle their matter. Most creditors will accept installment payments as a form of settlement.

2. I have no idea what motion you are contemplating. It is always a good idea to get the legal...
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1 Answer | Asked in Consumer Law for California on
Q: can I return some couches that didn't fit in a area in my house that the sales person help me measure even if its in con

even if its in there contract

Leon Bayer
Leon Bayer answered on Aug 21, 2021

You were not clear. What is ‘in their contact?’ I don’t know what you meant to say.

I will answer based on the assumption the contract says no returns.

I also assume the furniture was delivered and the delivery men put it where you told them to.

The time to...
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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: My debt is 3 years old. I was sued in my absence from the country and now wish to return. Not sure how to

I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!

It’s now been 3 or so years and I... Read more »

Leon Bayer
Leon Bayer answered on Aug 16, 2021

You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.

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1 Answer | Asked in Consumer Law for California on
Q: Can companies charge more than once without permission?

I placed an order from Zumies over the phone (kept getting error codes from site so called customer service), and after the order was placed, I received an email from my bank stating account was low. Went to check it and was charged $65.20 4 separate times. I called back right away and was told... Read more »

Leon Bayer
Leon Bayer answered on Aug 10, 2021

Of course not but accidents happen. I am thinking this might have happened when you were making multiple attempts to place the order online.

2 Answers | Asked in Consumer Law for California on
Q: Can the car dealership void a contact and make me sign a new one?

I went to the dealership, secured a loan, paid a down payment, signed a contact, and brought the vehicle home. Three weeks later the dealer wants me to sign a new contact? Is this legal? Can I keep the old contact? They also want me to sign something else releasing them from any obligations and say... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 9, 2021

Contract law is usually fairly simple and straightforward. Virtually any attorney can read your contract and the new proposed contract they want you to sign and the other related writings and answer your question for you.

You will likely have to pay a modest fee for the attorney's...
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1 Answer | Asked in Consumer Law for California on
Q: I signed the loan papers for a used car, it broke down when the dealer took it for gas, do I still have to accept it?

I never took possession of the truck, I never drove it.

Yelena Gurevich
Yelena Gurevich answered on Aug 2, 2021

a dealer is obligated to sell a working vehicle. so it depends if they are fixing what broke down or not. you will need to consult with an attorney familiar with suing car dealerships because the attorneys needs to review all the purchase paperwork and get more detailed information before they... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Small Claims for California on
Q: What are my recourses when a tow yard totaled my vehicle so it can't be driven and won't let me retrieve my property?

Firstly, the seller had a fictitious 2021 tag on a truck with expired registration-dating back to 2017! The DMV demanded $800 to register the vehicle I purchased about 45 days ago. I got involved in a very very light fender bender coming out of a park in an upscale residential neighborhood. I was... Read more »

Leon Bayer
Leon Bayer answered on Aug 1, 2021


1 Answer | Asked in Consumer Law and Business Law for California on
Q: I sell herbs online for ritual and ceremonial purposes. Can I be held liable if someone consumes or misuses product?

Some herbs are toxic and labeled not for human consumption, however, I’ve discovered that clients are actually consuming them. I’ve labeled them as deadly toxic. The herbs in question are belladonna and sacred datura.

Leon Bayer
Leon Bayer answered on Jul 31, 2021

You are really asking for trouble. You already know that people are misusing the poisons that you are selling. You even admit it!

It is highly likely that anyone injured from your product will sue you, even if they did not follow or read the warnings on your package. Suppose a child who...
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1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for California on
Q: Can a person who sells her auctioneer services conduct business and hold auctions if the company isn't bonded by the sos

If she cannot legally provide or sell her services to another because she isn't properly bonded, then wouldn't any auctions she's held be illegal to do and void any contracts between her and the buyers of said illegal (fraudulent) auctions?

Leon Bayer
Leon Bayer answered on Jul 30, 2021

This sounds like a matter of government regulation. That would be between her and state licensing agency. She will likely face a fine. It should not affect the validity of the auction sales.

1 Answer | Asked in Consumer Law for California on
Q: Is there anything I can do if a pawn shop sells me a stolen guitar?

I bought a guitar from a pawn shop for $600. A few months later I was short on cash and pawned it at a different pawn shop who then notified me that it had been reported stolen. Now theres a hold on it and the $150 case that I bought at a different store. Am I out $750 now or is there anything I... Read more »

Leon Bayer
Leon Bayer answered on Jul 29, 2021

If you have proof of the guitar purchase, take it to the shop that reported it as stolen to see if they will help straighten things out with the police. If it won't, contact the shop you bought it from.

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2021

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