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California Consumer Law Questions & Answers
4 Answers | Asked in Trademark, Consumer Law and Intellectual Property for California on
Q: Received suspicious trademark cancellation notice demanding payment. What should I do?

I received a notice for a pending trademark cancellation demanding $1170, which I suspect is fake. The notice threatened to cancel our trademark "Spirit Hustler" (filed on Dec 17, 2021, number 97178378) next week. It was sent via mail with instructions to send a check to an address in... View More

Sergiy M Sivochek
Sergiy M Sivochek
answered on Apr 23, 2025

You can check the current status of your trademark registration directly on the USPTO’s official database by visiting:

https://tsdr.uspto.gov/#caseNumber=97178378&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.

To determine whether a petition...
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3 Answers | Asked in Animal / Dog Law, Civil Litigation and Consumer Law for California on
Q: Amazon delivery driver injured my dog; how to claim medical costs?

My dog was severely injured when an Amazon delivery driver ran him over near the end of my driveway in Apple Valley, CA. The driver did not stop, and my neighbors and father attempted to chase him down. Amazon has identified the driver, who submitted a video of the incident from the truck's... View More

Eliza Jasinska
Eliza Jasinska
answered on Apr 22, 2025

Hire a lawyer right away to protect your rights and ensure Amazon takes responsibility. Since Amazon has acknowledged the report and has video evidence, a lawyer can push for immediate reimbursement or coverage of your dog’s medical expenses. Gather all documentation—vet quotes, witness... View More

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3 Answers | Asked in Animal / Dog Law, Civil Litigation and Consumer Law for California on
Q: Amazon delivery driver injured my dog; how to claim medical costs?

My dog was severely injured when an Amazon delivery driver ran him over near the end of my driveway in Apple Valley, CA. The driver did not stop, and my neighbors and father attempted to chase him down. Amazon has identified the driver, who submitted a video of the incident from the truck's... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 22, 2025

My heart goes out to you and your dog. The legal system is not always the best route to solve issues?

Please note, I do NOT have THE answer but only a few thoughts, so here goes nothing:

a- FIND the money asap to helpl the dog, if at all possible, to lessen his/her suffering and to...
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2 Answers | Asked in Identity Theft, Collections and Consumer Law for California on
Q: Someone took out a loan in my name, and I'm worried about identity theft consequences with Net Pay Advance.

I am a victim of identity theft; someone took out a loan in my name with Net Pay Advance. The fraud department of Net Pay Advance is asking for my Social Security number and driver's license number, but I'm concerned about the misuse of this information. While I have placed fraud alerts... View More

Matthew McKenna
Matthew McKenna
answered on Apr 16, 2025

I would contact one of us Justia consumer protection attorneys that assist consumers with identity theft. You'll want to file a police report and an FTC Fraud Affidavit.

Make sure that any dispute that you have made to Net Pay Advance is in writing and save any correspondence that you...
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2 Answers | Asked in Consumer Law, Insurance Defense and Civil Litigation for California on
Q: Dispute over tow yard compensation for totaled truck in California.

After several months of back and forth, the insurance company informed me that the tow yard would handle the issue of compensation for my totaled truck. The tow yard and I cannot agree on a fair compensation amount. The Kelley Blue Book value of my truck was $5,000, but the tow yard claims they... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 10, 2025

Hard to say. Could be a huge amount if the insurance company and/or the tow yard failed to follow the law. The auction thing is laughable since in most cases the tow yard runds the auction themselves and sprinkle their own people into the bidding.

OR

Could be a nothing burger as...
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2 Answers | Asked in Employment Law and Consumer Law for California on
Q: My final pay was issued via debit card, which I cannot activate without employer enrollment in CA. What can I do legally?

I separated from my employer in California on 3/13/25 and received my final pay in the form of a debit card on 4/5/25. However, when I tried to activate the card, I was informed that I needed to contact my former employer to enroll me as a user. I contacted my employer by phone, and they mentioned... View More

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2025

In California, providing you with a card for your final paycheck is a violation of the California Labor Code. You likely have a legitimate claim or Waiting Time Penalties in the amount of one day of pay for each day you are made to wait for your final pay. You should consider reaching out to the... View More

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2 Answers | Asked in Consumer Law, Animal / Dog Law and Personal Injury for California on
Q: Car repossession despite no late payments, dogs harmed, no notification received. What are my rights?

Despite having no late payments, my car was repossessed in Santa Ana, California, without any notification, and returned to the dealership. The repossession occurred without the repo person identifying themselves or involving law enforcement. My car, with my dogs inside, was later reported... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Apr 6, 2025

I'm very sorry to hear about your experience and especially what happened to your dogs. There are no facts here that make this sound like a repossession other. It's common that a thief will dump a vehicle shortly after taking it. There are certainly horror stories and I have represented... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Identity Theft, Real Estate Law and Consumer Law for California on
Q: How to safeguard lease agreements with tenants using different last names?

I am a landlord of a small family commercial retail space considering a potential tenant application. The applicant has two last names: one on state documents like their driver's license and US passport (which they claim is their birth last name), and another on years of IRS tax filings and... View More

Shawn R. Jackson
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answered on Apr 1, 2025

On the assumption that you want to bind "all" tenants and individuals occupying the space, you will want all names and any "aliases" that they may be using. One of several "focus points" you will want as the landlord in the lease, along with any personal guarantees ...... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for California on
Q: Can my landlord charge a lockout fee not in the lease in Los Angeles?

I am a tenant in Los Angeles, and my landlord has posted signs around the building that lockout fees will be charged, even if a locksmith is not needed. This fee was not mentioned in the lease agreement when I signed it. Is it legal for my landlord to impose such a fee?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 28, 2025

If a landlord wants to change a lease term, written notice is required in most cases. However, as you state, nothing is stated in the lease regarding such a charge. Since a landlord is not required to let a tenant in, there is nothing keeping them from charging for such a service. If you get locked... View More

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2 Answers | Asked in Consumer Law for California on
Q: Paid $79 to WePhone Apps Inc. for misleading six-month membership. Requested refund denied.

I am an overseas user of WePhone Apps Inc. and paid $79 for a six-month membership due to misleading advertising. The ad suggested the membership included a phone number subscription, but it only removed advertisements and provided no call services. I immediately requested a refund, but they... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 26, 2025

Related Details: I am an overseas user of WePhone Apps Inc. and paid $79 for a six-month membership due to misleading advertising. The ad suggested the membership included a phone number subscription, but it only removed advertisements and provided no call services. I immediately requested a... View More

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2 Answers | Asked in Contracts, Civil Litigation and Consumer Law for California on
Q: Is this a failure of consideration for an auction motorcycle?

I purchased a collector motorcycle through an online auction where the auctioneer, based in California, provided documentation stating it was an original model, according to factory records. Despite the Terms and Conditions stating that any legal action must occur in California, I argue that... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 22, 2025

Sorry to hear of your unfortunate experience. "Failure of consideration" would not be a viable theory. The damages related to the alleged fraud and failure to maintain the bond would be recoverable in your legal action. It would likely be worth your while to have the contract terms... View More

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2 Answers | Asked in Consumer Law, Identity Theft and Banking for California on
Q: How to verify legitimacy of email claiming to be from Federal Reserve Bank?

I received an email from someone claiming to be Mr. Powell, Chief Officer of the Federal Reserve Bank, stating that I owe a lump sum of money. The email includes his contact information and offers three methods for me to receive funds but requests my bank account and routing number. There were no... View More

William John Light
William John Light
answered on Mar 22, 2025

The Federal Reserve Bank doesn't collect money from taxpayers. That's the IRS. If you must, the contact info for the Federal Reserve for the western US is here:

federalreserve.gov/aboutthefed/federal-reserve-system-san-francisco.htm

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2 Answers | Asked in Banking and Consumer Law for California on
Q: Chase bank account locked, unable to verify identity. Can't obtain passport, didn't receive balance check. What can I do?

I opened an online Chase bank account years ago and transferred money from my E*TRADE account. Chase locked my account in December 2021, asking for proof of identity. At the time, I didn't have the requested documents. Over time, I obtained my ID and presented all required documents at... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 20, 2025

Sorry for your issues. Seems really odd. For 'easy' fix, try going in based on the following:

"Despite having documentation from Chase stating a check for the remaining balance would be issued, I never received it." Go into any chase branch, note that they said they...
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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Can I sue my landlord in California for fraud due to breach of rental agreement?

I rented a house from my landlord under an agreement stating I would be the sole occupant. However, two days after moving in, a young woman moved into the property, and I was not informed. My contract and the Zillow advertisement did not mention shared housing. The situation has caused significant... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2025

That's a definite maybe. It's unclear what you may recover once you prove your case and if you do not have an atty fee clause IN the written lease, it may be hard to even find someone to represent you. Depending on what your lease says in describing the tenancy and the space you have... View More

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2 Answers | Asked in Contracts, Personal Injury and Consumer Law for California on
Q: Can I sue a mechanic in California for faulty car repairs?

I took my car to a mechanic to fix a cracking sound. After leaving it overnight, the mechanic claimed that it was fixed. However, the problem persisted when I got the car back. I returned to the shop and asked if it was safe to drive back, and the mechanic assured me it was. Unfortunately, the car... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2025

Sorry for your issues. A licensed facility MUST give you a WRITTEN estimate and of course a final invoice showing what they did and the result and how much they charged. Failure to do so tells me that EITHER they are NOT licensed or they are IN trouble or they are simply CROOKS.

You...
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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for California on
Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.

I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a... View More

William John Light
William John Light
answered on Mar 16, 2025

Money damages are based on a lot more than what you have posted, so no one can give you an accurate response. Age, part and future medical expenses, past and future pain and suffering, permanent disability, past and future wage loss, etc. are all things that attorneys would consider in trying to... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for California on
Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.

I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a... View More

David W Gammill
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answered on Mar 15, 2025

Your situation absolutely warrants serious legal consideration, and based on what you've described, your claim is likely worth far more than the $25,000 the insurance adjuster has offered. Given your head and cervical spinal injuries, medical expenses, lost wages, and the store’s admitted... View More

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3 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is it legal to install a security camera in a shared garage despite policy prohibitions?

I rent an apartment with a shared garage, and I'm considering installing a security camera in the garage. However, there's a policy in place that prohibits surveillance devices. There are currently no other security measures in the garage. Is it legal for me to set up a camera without the... View More

William John Light
William John Light
answered on Mar 10, 2025

A policy is not a law, so violation of a policy is not illegal. However, it is illegal to record another person who has a reasonable expectation of privacy, like in their home. Whether that applies to a common garage is unknown, but since there is a policy that prohibits surveillance devices,... View More

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3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: Entitlement to new insurance rates after state limit changes post-accident.

I was in a car accident on May 23, 2024, and suffered knee contusions, strained back muscles, and whiplash. The insurance company is offering me $15,000 as a settlement; however, since then, the state insurance minimums have increased from $15,000 to $30,000. Am I entitled to the new rates or the... View More

William John Light
William John Light
answered on Mar 6, 2025

Any policy issued in 2025 has to comply with the new rates. Since the policy with which you are dealing was issued in 2024, it can be a $15k/$30k policy. A consultation with an attorney may be appropriate to help determine if there are other potential sources of recovery.

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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is there a cap on storage unit rent increases in California?

I rent a storage unit for $249 per month, and they recently increased it to $307 per month. This is the third rent increase within the first year of renting, and I have not received any written notice for any of these increases. When I spoke to management after the second increase, they said... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

Feels like a bait and switch. THAT said, regardless of any CAP, it's HIGHLY likely that they must give you 30 day notice prior to raising the rent. One way to get them is to take your biz elsewhere and get the initial teaser rate...

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