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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: Prepaid for 30 personal training sessions at a gym, used 11, then moved out of area. They won’t refund remainder.

Am I legally allowed a refund of services even though it’s past their “5 day refund” timeline for full refund? I did sign their contract and whatnot but at this point, it’s services not received for money spent. Am I entitled to a refund?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 24, 2022

I've seen this before can't remember exactly when/where but, almost all legit gym contracts have a clause in them about moving out of the area. The question is how they define out of the area and how you define it. So take a look at your contract for your answer!!

1 Answer | Asked in Consumer Law for California on
Q: I have paid for a gift certificate to a massage service. They will not schedule unless i provide a credit card.

There is not a policy on my gift certificate or on website that says this. Is this legal? They have my money already.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 21, 2022

Plenty of possibilities including that it IS in there somewhere?

That said, in that business, they often get no shows. The credit

card is their security against this, as they normally charge for

last minute cancels. Life may be easier to just give them the

number,...
Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer answered on Jan 19, 2022

Selling used clothes is legal.

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for California on
Q: Can I hire an attorney for limited services?

I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?

Joel Gary Selik
Joel Gary Selik answered on Jan 11, 2022

Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.

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2 Answers | Asked in Consumer Law for California on
Q: Is it legal for a dealership to sell a car that the previous owners bank still has a lien on?

This is causing me to not be able to get my registration and license plates. My temporary plates are 2 weeks expired already.

Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2022

Generally, a dealership has selling a car, has to sell it with clean title, which means the lien needs to be paid off. You need to call an attorney to have a full consultation and review your purchase documents. Only then you can explore the options available to you.

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2 Answers | Asked in Consumer Law, Criminal Law and Small Claims for California on
Q: Can you sue a supermarket for false theft accusation?

Falsely accussed of theft.

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2022

more info would be helpful.

you can sue anyone for anything at any time.

the issue in my mind is do you want to waste the money on a lawyer or go to small claims court.... and can you prove damages?

the specific facts of your case will control.

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1 Answer | Asked in Consumer Law for California on
Q: I bought tickets to Rolling Loud CA a 3 day festival and never received the tickets till Day 2 was going on. Can I sue?

I have all messages and unanswered questions and the confirmation delivery. I messaged them multiple times for help or to get new tickets but they could not offer a refund or anything.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 3, 2022

Sure, you can sue. Good luck with it!!

2 Answers | Asked in Consumer Law, Small Claims and Collections for California on
Q: I am being sued by a debt collector.

I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 29, 2021

File an opposition.

Send fax to defense attorney.

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2 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Employment Law for California on
Q: Is incestuous a crime

Is incestuous a crime or just frowned upon

Timothy Denison
Timothy Denison answered on Dec 26, 2021

Incest is a crime.

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2 Answers | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a new ford Mustang Machi full electric car, the sticker said in a fullcharge 211 i am getting 145 . brand new

iwent back to the dealer after 1 week it was 179 miles full charge and they told me because its new it should catch up and then went back the week after and it was 170 miles full charge and the car had 400 miles at the time, they said you have to drive at least 1200 miles for the car to adjust, i... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 17, 2021

I think a lot of lemon law attorneys would consider taking this case.

To me, your life is much simpler if you SELL the vehicle now, since it is likely worth

as much or more than what you paid for it and then just buy a different one.

Either way, I hope it works out for you.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Does a 30 day used car warranty resume or reset after it has been in repair within that time?

I bought a used truck from a used car dealership that offered a 30 day warranty. After 6 days I sent it back to the dealership to get the sunroof fixed. It wouldn't open. The car is now approaching the 30 day warranty mark while in the dealers possession. Since I've only had possession of... Read more »

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

There is a provision in the CA lemon law that provides that the number of days the vehicle is in the shop extends the warranty by that number of days. AND if the issue is not fixed, the warranty remains in place on that issue until it is.

1 Answer | Asked in Consumer Law for California on
Q: How do I view the Exhibits filed with Complaint by collection company/debt buyer? I was served via USPS mail 12/02/2021

Sued by Calvary for a debt I allegedly have with Citibank. But I have no idea what account theyre talking about. Citibank is not on my credit reports for 2021, 2020, 2019, 2018. How could I have a charge off thats already deleted by original creditor? What can I do? Im filing my answer but how... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

If you cannot pull the documents from the court online system, you can ask opposing counsel to email you another clean/clear copy or you can go down to the courthouse and ask for the documents to be printed by the clerk's office (for a fee). It's not clear whether you are claiming the... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Good afternoon. My name is Clara and I live in Bullhead City Arizona.

Recently I had the need for a new high pressure power steering hose in my vehicle. So I purchased one and hired a mobile mechanic to come to my house and install it. Prior to his arrival, I researched this specific job and found that it would call for 1 to 2 hours of labor at a cost of no more than... Read more »

Ian Pike
Ian Pike answered on Dec 9, 2021

You have posted this question in a section devoted to California, so you might be more likely to get a response if you post it under Arizona.

1 Answer | Asked in Consumer Law, Internet Law and Trademark for California on
Q: Can I sue Alibaba or the supplier in China

I recently ordered ebikes from Alibaba with trade assurance guarantee. Items were delivered to my China warehouse damaged. I filed a dispute but they are not accepting a return nor providing a discount or send a refund. There are so many frauds. I am a complete victim with proof. How can I fight... Read more »

Ian Pike
Ian Pike answered on Dec 9, 2021

As a general rule of thumb, you can file a lawsuit naming anyone, including a business entity, as a defendant. To sue Alibaba, or another foreign company, here in California you would need to be able to establish jurisdiction over all of the defendants just to bring them into court. If you have an... Read more »

1 Answer | Asked in Consumer Law, Family Law and Health Care Law for California on
Q: Clinic called me later saying they messed up billing and now I owe them more money

I received treatment from a planned parenthood and paid my bill in full at the end of my appointment. Later that night, I received a call from them saying they made a mistake and didn’t charge me properly and now I owe them another 125$. Do I need to pay this even though they’re the ones who... Read more »

Leon Bayer
Leon Bayer answered on Dec 4, 2021

How did they "mess up"? You owe what the treatment cost, plain and simple. If they gave you the correct bill at the time of your treatment, you would have paid, wouldn't you? So what is different about giving you a corrected bill later on the same day?

Don't you ever...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: If the nail salon threw your phone in the water and you walked out and did not pay

I went to a nail salon and the tech threw my phone in the water I walked out did not pay it cost me 300 dollars for a new phone.

Yelena Gurevich
Yelena Gurevich answered on Nov 30, 2021

there's no actual question here to answer, but $300 is a small claims issue.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: How is it ok for there to be cameras on campus recording kids all day but if I pull my camera out and start recording

It becomes a problem when im standing up for my constitutional rights

Dan Moseley
Dan Moseley answered on Nov 15, 2021

You'll have to be more specific about the particular problem you've encountered and the circumstances leading up to it. The law treats schools special to some degree as they can make rules regarding on-campus behavior that don't extend to off-campus conduct.

1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: How do I obtain text messages from Verizon when a client is wanting to sue me? I need proof through texts.

I need to obtain text messages from a year ago from my cell phone account. I’ve been through the steps through Verizon but they are not accessible through my iCloud. I need to find another alternative to pull those messages prior to having to take it to court. Is there a way that can be done?... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb answered on Nov 11, 2021

You could try subpoenaing them, but your attorney should already know that, unless it's small claims court or you don't have an attorney. You also have no guarantee that you'd get them, since Verizon is under no obligation to keep a copy of your messages for that long.

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Can I take someone to court for not finishing paying a car loan I took out under my name ?””?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 4, 2021

The answer will depend upon what information, evidence and oral or written documentation you have to support your claim for "not finishing paying a car loan". You would want to schedule an initial 30-minute free consultation with an attorney of your choice to discuss the supporting facts... Read more »

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