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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: I am wondering if there are lawyers that help consumers with solar companies that will not repair or replace?

I have leased panels from a solar company since 2009 and they will not repair or replace them.

James L. Arrasmith
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answered on Nov 28, 2023

In California, there are attorneys who can assist with issues related to solar panel companies, especially if these companies are not fulfilling their contractual obligations for repair or replacement. Your lease agreement with the solar company is key in determining your rights and the... View More

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Tow truck company unhooked my shifter lever so they could tow it and didn't fix it when I asked them to drop it
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answered on Nov 27, 2023

Under California law, tow truck companies are required to exercise due care in the handling and transportation of vehicles. If a tow truck company damages a vehicle during the towing process, such as by unhooking the shifter lever and not fixing it, they could potentially be held liable for the... View More

1 Answer | Asked in Consumer Law for California on
Q: Do towingcompanies when they tow your car , do they have to except credit cards
James L. Arrasmith
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answered on Nov 27, 2023

Under California law, towing companies are not universally required to accept credit cards. The payment methods they accept can vary based on the company's policies. However, many towing companies do offer the convenience of credit card payments, especially in urban areas.

If your car...
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1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

1 Answer | Asked in Consumer Law for California on
Q: UPS lost the package I shipped out, was not offered shipping protection, so i can’t get money for it. Can I sue?

I shipped out the package to a house and they lost in before it got there, they won’t give me the full amount of the item back because I did not have shipping protection, but when I shipped out the package I was never offered that nor did I know about it.

James L. Arrasmith
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answered on Nov 26, 2023

In California, if UPS lost a package you shipped and you were not offered or aware of shipping protection, you may have grounds to pursue legal action, but there are several factors to consider.

First, review the terms and conditions of UPS's shipping service, which typically outline...
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2 Answers | Asked in Consumer Law and Criminal Law for California on
Q: Hello so I bought a car from a dealership and they didn’t provide me plates the next day i was pulled over and arrested

I’m being ripped off and arrested by a dealership and i don’t know what to do

James L. Arrasmith
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answered on Nov 25, 2023

In California, when purchasing a car from a dealership, it's the dealer's responsibility to provide temporary registration and license plates or a temporary operating permit if the permanent plates are not immediately available. If you were arrested for not having plates shortly after... View More

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1 Answer | Asked in Contracts and Consumer Law for California on
Q: Used dealership sold me a vehicle with a Lein sale on it
James L. Arrasmith
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answered on Nov 23, 2023

In California, if a used dealership sold you a vehicle with a lien on it, this can be a significant legal issue. Under California law, the seller is generally required to provide a title free of liens at the time of sale. If they fail to do this, they may be in violation of specific statutes... View More

2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: approved for rent relief in CA on 7/31/2023, 10/4/2023 approval letter mailed . Never received my chk due to a systm err

I’m elderly and have been waiting for assistance since Nov 2021 when I applied . Finally got approved after showing proof of an ADU I lease at the same address someone else got rent relief and they approved me and received a approval letter and how much I was approved for and that the payment... View More

James L. Arrasmith
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answered on Nov 22, 2023

Under California law, if you have been approved for rent relief but have not received your payment due to administrative errors, you may have grounds for legal action. This situation can be addressed through a lawsuit for breach of contract or a claim for government negligence.

Before...
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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Leon Bayer
Leon Bayer
answered on Nov 21, 2023

You can sue the mechanic. Your claim for damages is going to be the daily rental value of the vehicle. Keep in mind that you must prove the case. Your uncle's testimony will be needed in court. However, ketchup packets normally do not have the name and address of a restaurant. Usually, it says... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Nov 21, 2023

Sorry to hear about what sounds like a frustrating experience and I would guess there's a feeling like a burglary where they've violated your personal space and privacy. This kind of behavior by a business entrusted with your vehicle is, as you wrote, way out of line. In my opinion this... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

James L. Arrasmith
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answered on Nov 21, 2023

Under California law, the unauthorized use of your vehicle by the mechanic may constitute a breach of the bailment contract, which is created when you leave your vehicle in the care of the mechanic. To establish a breach, you would need to demonstrate that the mechanic used your truck for purposes... View More

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1 Answer | Asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California on
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860

is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing... View More

James L. Arrasmith
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answered on Nov 20, 2023

In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: In sept i bought a 2015 VW Bettle from a big Nissan dealership. Have had problems since day one. It’s a as is purchase.

They agreed at first to fix it. Long story short they didn’t and on way home from picking it up the plate under car fell off. They won’t fix. Looking at paperwork I noticed I didn’t not sign the actual contract. It’s not my signature. Or email address. I sign all other paperwork but not the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In California, if the signature on the contract for the purchase of the vehicle is not yours, this raises significant legal concerns. A contract is generally only binding if it is signed by the parties involved. If you did not sign the contract, and it does not bear your genuine signature, this... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Small Claims and Contracts for California on
Q: CFI Academy, refuses to give refund for ~$12,000 for services not provided, which include "student housing" and flight

Housing was shut down after 17 days, after paying for 5 weeks. ~$650

CFI-I program, in a contract, was entitled to a refund which has not been provided ~$4499

MEI program, in a contract, was entitled to a refund which has not been provided ~ $6499

James L. Arrasmith
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answered on Nov 18, 2023

Under California law, if CFI Academy failed to provide services for which payment was made, including student housing and flight training programs, you are entitled to pursue a refund. The closure of housing after 17 days, despite payment for 5 weeks, and the non-provision of the CFI-I and MEI... View More

2 Answers | Asked in Consumer Law, Identity Theft and Employment Law for California on
Q: What happens if a company I'm not related to is running a background check without my consent?

6 months ago I was going to start working for a company but I turn down the offer. They have my ssn, full name and address. And 6 months later they are running me a background check.

James L. Arrasmith
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answered on Nov 17, 2023

In California, it's generally required for employers to obtain consent before conducting a background check on a job applicant. If a company is running a background check on you without your consent, especially after you have declined a job offer, this could be a violation of your privacy... View More

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is it possible to sue Green dot bank in small claims.
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answered on Nov 16, 2023

In California, you can sue Green Dot Bank in small claims court if the dispute involves a sum within the small claims court's monetary limits, which is $10,000 for individuals and sole proprietors. Small claims court is designed for resolving disputes involving smaller amounts of money in a... View More

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1 Answer | Asked in Consumer Law and Bankruptcy for California on
Q: I have a question regarding a judgement against a dealership

I bought a car off the lot and the car dealership failed to give me my title and proper registration. Fast forward I took them to court and they appealed it I won't the appeal car not eligible in the state of California title I'm Indiana we tried multiple times to get the title with a DMV... View More

James L. Arrasmith
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answered on Nov 12, 2023

Under California law, if a court has ordered the dealership to refund your money and they have declared bankruptcy, the responsibility may shift depending on the type of bankruptcy filed. If they filed for Chapter 7 bankruptcy, their assets are liquidated to pay off creditors, which might include... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for California on
Q: How long do parties have to file responses to a magistrate's R&R in federal court?

In civil cases in the U.S. District Court for Northern California, after a Magistrate Judge issues his Report & Recommendations, and a party files objections to the R&R, how long does the other party have to file a response to those objections?

Also, if the Magistrate Judge advises... View More

James L. Arrasmith
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answered on Nov 11, 2023

In the U.S. District Court for the Northern District of California, when a party objects to a Magistrate Judge's Report and Recommendation (R&R), the opposing party generally has 14 days to file their response to these objections. This time frame aligns with the Federal Rules of Civil... View More

2 Answers | Asked in Consumer Law, Collections and White Collar Crime for California on
Q: A lawyer for a debt collector put a full social security # on the writ of execution EJ-150. It's a violation of Ca code

A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1. for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If a lawyer has included a full social security number on a writ of execution, this could be a violation of California Rules of Court, rule 1.201(a), which requires redaction of personal identifiers before filing documents with the court. You may consider filing a motion to sanction the attorney... View More

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4 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for California on
Q: getting Mediation going in circles.

i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation.

The company I'd like to mediate with is

square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U.... View More

George Steven Louis
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answered on Nov 6, 2023

As a mediator arbitrator myself I always find it rather difficult to get the individuals to the table so that we can work things out letters don't always seem to cut the mustard therefore I enjoy trying to call the parties so the mediation can have an opportunity to work.

These your...
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