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COVID-19 California Consumer Law Questions & Answers
1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

2 Answers | Asked in Consumer Law for California on
Q: All school are close because of COVID and doing home schooling cable company shut service off with no warning

And son got disconnected from class and my husband was in motorcycle accident and we had a appointment with his neurologist. I got laid off because off the Corona virus. I call cable company and told them the issue I had they said there is noting they can do about and I had to pay the bill. If I... Read more »

William John Light
William John Light answered on Nov 26, 2020

Lots of places have free wifi. He will have to do his schoolwork there. His teachers may also be able to direct him on where to find free internet.

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1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: I believe I have been discriminated against and there has been disparity in treatment against my as a member of Kaiser.

My (minor) daughter had a procedure in the Surgery Department of Kaiser Permanente. My wife and I were both present. I was told (during sign in) that only 1 parent would be allowed to be with the child/patient due to COVID restrictions. To which I replied, that I understood (which Is also written... Read more »

William John Light
William John Light answered on Nov 12, 2020

I do not see a claim for discrimination. These protocols are applied to all of us. I, too, have had to wait outside the medical facility for my family member.

3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

Maurice Mandel II
Maurice Mandel II answered on Jul 30, 2020

The law, in the form of Executive Orders by the California Governor, makes it UNLAWFUL for you to refuse to wear a mask when going in public or into grocery stores. So you want to sue the store because they did not want you to break the law in the store.

Well, Sorry to tell you, they...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: if I havent paid my rent for 3 months and I still havent been able to pay will that be marked on my credit?

Hi I’ am a resident in San Ramon California leasing an apartment. Me and my roommates were hit really hard by the pandemic. We have been laid off by our jobs and we havent been able to pay the partial amount of are rent for 3 months and my question was will this go on my credit if I was not able... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 27, 2020

IF whoever you pay rent to is a "credit reporter" then yes.

IF you end up getting evicted in a court of law, then yes.

IF you can work it out with your LL, then no.

Good luck with it.

1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

Justia disclaimers...
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1 Answer | Asked in Consumer Law for California on
Q: Should colleges rewrite student loans because of covid 19?

I'm in nursing school and our classes have been moved to on line with virtual clinicals. The education is at a completely different level than what I signed on for

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

Your question asks a philosophical question, not a legal question. What the LENDERS should do on student loans is a moral question since CV has changed the educational system. What Colleges SHOULD do about tuition when they are not offering the product that you contracted for is also a moral... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Q: Does Seller of Travel have deceptive business practice in my case? Should I take a legal action? What do I do?

I booked a full tour package for my family of 4 members in Jan 2020 for Jun 2020 (to 3 countries in Europe). I paid ~5700$ (50% of total cost) as deposit. The flights got cancelled in Apr 2020 due to COVID 19 by the airline. The Travel Agent withheld that info, didn't notified us about the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

Very sorry to hear your travel plans went poorly. No one can give you a definitive answer on how the case will be decided. Typical Attorney Answer: It depends.

First of all you have special protections and rights under the SELLER OF TRAVEL STATUTE, CALIFORNIA BUSINESS AND PROFESSIONS...
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1 Answer | Asked in Consumer Law for California on
Q: Is an action made by a seller allowed? Should I take legal action? What do I do?

I scheduled an event with a banquet hall in March of 2019 for May 30 2020 but it was cancelled due to the coronavirus. I payed $3000 deposit, the rest was supposed to be payed on April 30th but it got cancelled two weeks before. They want me to reschedule in December but I work in healthcare and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

You are entitled to a full refund of your money. They cancelled and now they cannot reschedule to suit your schedule. You need to send them a letter "rescinding" the contract based on their cancellation and demand your money back within 10 days. If they don't do it, don't... Read more »

2 Answers | Asked in Consumer Law for California on
Q: Online purchase

I bought a bike online and i returned it after 10 days because the bike had problem in their policy was 10% to 30% penalty of bike’s costs now my question is could they get this penalty?

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 31, 2020

Dear cyclist,

Unfortunately, we're missing some relevant information to provide an evaluation. If the bike had a problem that could be fixed under warranty, the business should fix it free of charge. If you simply want to return it, it is reasonable that they have a restocking policy...
Read more »

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... Read more »

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4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... Read more »

William John Light
William John Light answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
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2 Answers | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: Can a store deny me service for not being able to buy mask

I sent to my local 99 cent store to purchase battery and they had there security gaurd stop me from entering the store without a mask they said I could not enter and they will refuse service and that it was the law

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 8, 2020

The security guard was correct. It would be a violation of the law for the store to allow you to enter. Under current state and local county orders concerning the COVID-19 pandemic all patrons of grocery or other retail stores are required to wear masks for their own safety, for the safety of other... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Can a merchant deduct money from bank without authorization?

My mother and I have the same name. Due to COVID-19 my mother fell behind on payments, including to a leasing agency. Today I noticed the same agency took money from my account. I never shared any of my information with this company, I’ve never dealt with this company. What can I do? How did... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 6, 2020

Dear consumer,

I am sorry to hear about your mother's situation, obviously she is one of many in our country who are struggling financially right now due to the wide-ranging effects of the virus.

Unless you were a co-signer on the lease, this company has no right to acquire...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Construction Law for California on
Q: Is there a penalty for backing out of an agreement for an HVAC project that has not started?

I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 4, 2020

Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.

As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court,...
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