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Scott Richard Kaufman
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Scott Kaufman’s Answers

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  • Question regarding my lemon claim and my unused extended warranty purchased at the time the vehicle was purchased.

    I purchased a brand new vehicle in 2013. At the time of purchase, I bought an extended warranty for 100K miles. I have paid off the extended warranty completely. Just a week ago, I filed a Lemon claim on the vehicle (vehicle was still under the or...

    Scott’s Answer

    This is just ONE of many "gray" areas of law. For your benefit and for the benefit of all readers of this post, you should never, unless they are essentially giving it away, make such a purchase. It overlaps the original warranty and if its benefits ever kick in, you've already paid a lot for it? Anyhow, when you need it, later, you can still buy one. Getting back to the original question, some manufacturers will agree and most will not, to pay this. Your lawyer should know this. IF you do not have a lawyer, this is also a mistake, as you can guarantee they know the law better than you do and the other side has to pay the attorney, not you. Here's a short video on this issue:

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/785436861589727/?type=2&theater

    Lastly, even if they agree to repurchase, there are mutliple ways they will try to continue to cheat you.

    Good luck with it!

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  • Can I sue or get money back for a lemon car?

    So the guy sold me a car that didn't even come with original motor and it's a truck motor, I read about motor online. Won't pass smog and I asked him if it would and lied to my face saying yes it should pass smog. He failed to tell me he had alre...

    Scott’s Answer

    Seller MUST smog PRIOR to selling it.
    You can sue for an unwind OR for damages related to getting it to pass smog.
    Search DMV website for this information.
    Also, see related blog post and good luck with it.

    http://www.calemons.com/seller-fail-to-smog-big-mistake/

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  • Can I sue eBay buyer for abusing eBay return policy?

    Sold brand new face cream (sealed) , buyer opened up return case and send back wrong item,used and not what I have sent her. Now I have lost over $55 in this case and eBay will not do anything. Can I sue buyer directly ?

    Scott’s Answer

    You have every right to sue buyer, but, you will need to consider other things like buyer's negative report on Ebay, not going through the Ebay process, the time and money it costs to sue and who knows what else? Just learn from the experience, is my suggestion...

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  • Uber never payed me after working for them for three weeks every day ??

    I found and ad online from uber people about hiring. I got interviewed at Starbucks. Got a car at hertz, the uber ppl set up an email and username and password and even put their account number so uber payed their own uber-hustlers. I contacted ub...

    Scott’s Answer

    I'm going to make this an employment law question. You'll likely get solid answers there.

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  • Original down payment increased 1 week later because of bad credit.

    it was originally only supposed to be 1500. I paid 500 on the spotThen she calls me back week later. Saying she couldn't get anyone to finance me with that So their gonna have to change the down payment to 3000 And they made me give them a chec...

    Scott’s Answer

    Sorry for your troubles. It's a shame you trusted them. In CA even a post dated check can be cashed and recently, like last week, a horrible court of appeal case came out involving post dated checks, which sides with the dirty dealers. So, you need to be smart about your rights and money going forward:
    1- NEVER ever "talk" to them again, only communicate in writing, email/text/fax/ US mail;
    2- Describe everything that happened, in chronological order and in writing. This will be helpful to you now (put things in perspective) and helpful later if you have to explain to an attorney OR end up in court;
    3- Put those "facts" in a letter to dealer, explaining what they did and that you want out of the deal because you think they lied to you and cheated you and defrauded you. You want your money back to go to some place where they abide by their word.
    4- Note, clearly, the post dated check was supposed to be held and not cashed and they caused that issue.
    5- Note that the top of contact (likely, make sure to read it) says THEY are the financing company, so, "the deal did not go through" is a ruse and a lie, but, say it NICER, something like, "is not accurate."
    6- Make sure you "revoke acceptance" of the vehicle, and ask to arrange for a date/time to return it and get your money back.
    7- Watch and read all of the following videos and links.

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/806122612854485/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/806126122854134/?type=2&theater

    http://www.calemons.com/beware-of-the-yo-yo-car-deal/

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/806128956187184/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/840355856097827/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/840362309430515/?type=2&theater

    Good luck with it.

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  • Who determines how much attorney's fees are due?

    My contract states that "the prevailing party in any dispute arising out of or relating to this Agreement shall be awarded all their reasonable attorney fees and costs." There was such a dispute, and the Judge awarded a specific dollar amount in ...

    Scott’s Answer

    The general rule, as noted here by others, is, the court decides, via motion IF the parties cannot agree, which seems to have happened here. This should be a non-issue for a Plaintiff, unless, the plaintiff demanded his/her counsel go to a fee motion against the advice of the attorney AND there is some clause/agreement in the engagement letter between the parties that says the client will make up any shortfall in a fee award. IF the concern herein is "hey, do I have to make up the shortfall in fees not awarded to my counsel?" then you absolutely NEED to have independent counsel review your agreement with your lawyer, surrounding communications and the court's order.

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  • Why can't I vape in my car during my break, am I being harassed?

    I work at a school took my break and was vaping in my car vice principal told me I need to go drive cause it didn't look good and wasn't supposed to. I am in my car. Do I have any rights. Been here for almost 4 years and this is the first time...

    Scott’s Answer

    Yes, you have rights. First thing you want to do is check out the employee manual to see you your boss is. If your boss is the vice principal it's probably a good idea to follow his rules. Even if the boss is wrong it's rarely a good idea to make the boss your enemy right? Good luck...

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  • What is the best way to pursued a merchant to exchange a defective product.

    Purchased a laptop from Dell Computers . I have made several attempts, starting the day I received the product to get a replacement machine. Dell temporarily repairs it remotly by changing some settings then it dies again a month later. The comput...

    Scott’s Answer

    Lemon law gives them 30 days to fix. If they've been unable or unwilling to fix in those 30 days then you may in fact have a claim to get your money back replacement.

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  • Can I sue a hospital for messing up on my birthcertificate? They labeled me as deceased

    I can't get any state id due to the situation & have to go through a lot of steps to get it fixed. I can't get a job & I can't get a car because the birthcertificate says deceased at the top.

    Scott’s Answer

    Maybe. Instead, perhaps you can ask them to fix it? Suing can be expensive.

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  • I bought a 2016 ram 4x4, change tires, tpms light wont go out

    Stock tire pressure is 80 psi, my new tires will only go to 65 psi max. Dodge will not change the tire pressure monitor system to match my new tires. They say tough ...... The dealer says, they can't with their equipment, they tried. I own my vehi...

    Scott’s Answer

    Sounds like the systems working just fine. Whoever sold you the tires may have other monitors they can sell to match those tires, maybe?

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