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California Consumer Law Questions & Answers
4 Answers | Asked in Consumer Law for California on
Q: Hi. A body shop damaged many parts of my car & the owner won't take responsibility. He's threatening me over reviews

He's threatening to sure me over my bad reviews. I'm pissed because I've spent close to $2k fixing everything they damaged and people have a right to know about my horrible experience

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Sorry that you were treated this way, there are many unscrupulous auto repair shops and some of them are dealerships, however, there are also honest mechanics. You should ABSOLUTELY file against the shop in Small Claims. Check the business license with the city to see who the real owner is and sue... View More

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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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3 Answers | Asked in Consumer Law, Civil Rights and Education Law for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Look at your Handbook and see what Carrington's policies are on accessing the testing instruments. Sometimes colleges won't let students access exams if they re-use them year to year, in case a student puts them on the internet. However, you should be able to go review the exam and your... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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2 Answers | Asked in Consumer Law for California on
Q: Hello, my car loan has been charged off about 6 months ago and I still have the car

I’m still in possession of the car and loan is charged off. I’m soon moving out of state, how do I proceed? Should I contact the lender and try to give the car back? I have not been in contact with lender since loan has been charged off. I’m afraid to get sued and not sure what to do, I’m... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I'm sorry you have been having so much hard luck.

Giving the car back does not get you off the hook. Whether the car is returned or repossessed, the lender will auction it, and you can be sued for any loan balance that remains after the sales money is paid to the lender.

It is...
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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by...
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2 Answers | Asked in Consumer Law for California on
Q: Can I recover proceeds from tow yard sale of my car?

Can I recover proceeds from tow yard sale of my car?

In 2014 my house suffered a serious fire and I was injured badly. My vehicle was towed by a company purporting to help me rebuild. My insurance had lapsed and they backed out of assisting me.

I found out that my vehicle was... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 10, 2024

Sorry for your issues. Hope you are feeling better. Hopefully your HOME insurance had not lapsed too? First, the time to bring such a claim has almost assredly expired long ago. Typically, FOUR years with a writing and TWO years without one, is how long you have to sue. Assuming you COULD still... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 8, 2024

Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

First, it is rare that ONE company does this all. Usually there are...
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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealer is trying to keep my down payment after they requested the account t be returned and took the car. Is this legal

08/31/2024 i went to super shopper auto to finance a used 2018 Honda Accord through in-house financing but when I arrived the manager had a retail installment agreement contract typed and printed for me to sign through a third party call California auto finance 5 days later the dealer requested the... View More

Leon Bayer
Leon Bayer
answered on Oct 2, 2024

It sounds illegal. You can sue the dealer in small claims court and you can make a complaint to the California DMV: The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had the roof fixed but the contractor overcharged me!

Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.

I am wishing I... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2024

Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.

Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference....
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2 Answers | Asked in Consumer Law for California on
Q: If a company makes an agreement or offer to you for a specific product in an email, do they have to honor what it says?

The company now states that thier employee provided the incorrect information and does not want to uphold what the email states.

Robert E. Wasserman
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answered on Oct 14, 2024

A key factor would be if the employee who sent the email had the authority of the company to make binding decisions. If the employee held an executive title, such as Vice President of Sales, it is more likely than not that they had the authority to bind the company. Assuming the employee did have... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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3 Answers | Asked in Consumer Law, Personal Injury and Business Law for California on
Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance... View More

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

As my colleague advises, try to obtain that surveillance footage. It would be good to try to get a copy without further delay. If the resolution is good enough for facial recognition, that could be irrefutable evidence in your favor. Good luck

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

James L. Arrasmith
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answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

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