When 21-year-old Jordan George of Eureka first saw the picture of “this Italian beauty” online, he knew, “She was the one, and only 9 hours away, in Fresno. It was love at first sight!”

Jordan imagined a future together, proudly showing her off to his friends, and together driving through one of California’s most beautiful regions.

And then one morning he could not awaken his love, and would soon be informed that her “dad,” Jasdeep Singh of Fresno, had neglected her terribly, not changing oil or performing other vital maintenance on the 2014 Maserati Ghibli he sold to this naive and trusting 21 year-old for $23,000.

As George still lives at home, his mom emailed me. A story of deceit became instantly clear. I have texts sent by Singh to George which are one of clearest examples of a seller misleading a buyer that I’ve ever seen. These texts reveal how Singh created an atmosphere of trust that George relied on.

‘Everything is perfect’

During their negotiations in the summer of 2020, Singh sent this text to George: “Everything is perfect. You don’t need to do anything.”

“A statement like that could constitute fraud or an express warranty if George had significant issues with the car shortly after taking possession, It would be good evidence the seller knew things were far from perfect at the time he made those statements,”  Loyola Law Professor Brian Hull says, adding:

“The seller would be liable to pay for repairs or refund the buyer’s money.”

Within weeks of taking possession of the vehicle, George was quoted repair charges of more than $15,000, from Maserati of Marin, based on a laundry list of failures by the seller to properly maintain the vehicle.

But Singh dug a much deeper hole for himself, as you will see.

‘Has the car passed smog?’

In California, and a few other states, the seller has the legal obligation of providing a smog certificate. There are some exceptions, none of which apply here. Also, if a car does not pass smog requirements, the buyer can’t register it.

On June 28, 2020 at 1:45 p.m., George texted Singh, “Has the car passed smog?”

Singh replies, “Yes, everything done. Registration update smog done.”

After the sale was completed, Singh promised to send George the smog certificate and then admitted that he never had one, claiming it wasn’t necessary. That was false.

“If an exception does not apply and a vehicle is sold without a valid smog certificate, then the sale is illegal, void, unenforceable, subject to rescission and a refund of the buyer’s money,” attorney William N. Blasser of Claremont observes.

“But if the seller falsely claims to have had the vehicle smogged, and the buyer relies on that representation, this is fraud and unless the deal is promptly unwound, punitive damages could be awarded in a trial.”

I would add, given the loss of $23,000, criminal prosecution could not be ruled out.

‘Tough!’

When George discovered what had happened, he offered to return the car for a refund, only to be told, in so many words, “Tough! You bought a used car.”

This led his mom, Amy, to retain Eureka attorney, Bill Bertain who sent Singh a letter asking that this sale be rescinded and the money returned to George.

And this is where the case gets even more interesting, adding one more reason the reputation of lawyers in America is so low.

Singh retained Attorney Jason Crockford of Madera who replied in a letter which effectively said, “Pound sand. The answer is no. Your client could have had the car examined by a mechanic but did not, and I strenuously deny Jasdeep breached his duty to provide a smog certificate.”

Of course, not having the car examined by a mechanic is irrelevant to the smog certificate requirements of California law.

I spoke with Crockford and heard him gasp when informed of the smog texts. To his credit, he no longer represents Singh.

After that rejection, Bertain filed suit and Singh went on to hire Fresno attorney Jaskaran Gill.

What should happen?

As basic fairness requires giving all parties a chance to explain themselves, I repeatedly requested an interview with Gill’s client and was refused.

Lawyers want to believe their clients. But exposed to the light of objectivity, when it becomes clear a client has not been truthful and there is no merit to their position, to continue unjustified, expensive litigation exposes both the attorney and client to court-imposed, costly penalties.

Our job should be to help resolve disputes, not drag them out. No lawyer should ever forget that.

Stay tuned.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Unless you live in a handful of California regions — generally over 4,000 feet elevation — there is something which your car certainly should have for safe winter driving, but which is currently almost impossible to purchase in other areas of the state.

It’s winter windshield washer solution, the type that does not freeze, and which until recently, could legally be sold anywhere.

“You and the Law” has heard from a number of readers-and concerned law enforcement officers and emergency personnel — all asking the same questions: “Why can’t we find the winter solution? How many accidents will result in winter driving because drivers are unable to clear windshields of snow or ice?”

You can thank California’s Air Resources Board (ARB) for regulations which have effectively made it extremely difficult, if not impossible, to buy winter solution in most of California, the justification being air quality.

Psychiatrist needed

Our first interview with ARB took place in early January, and it is important to state that everyone we spoke with was upfront, helpful and polite. But we concluded that interview feeling that a few people in management needed to see a psychiatrist, as we will explain:

“It’s an ozone problem as relatively high concentrations (25 percent) of alcohol, such as methanol, found in winter solutions, lead to more ozone and contributes to air pollution,” ARB’s expert Carla Takemoto told us.

“These products are appropriate for what we call ‘Type A’ regions, where it often does get below freezing in winter. But in the warmer parts of California, there is no need to use winter products, and drivers there should not be able to buy them for air pollution reasons. That’s why only summer products containing no more than 1 percent methanol can be sold, pre-mixed,” she added.

“But what about people who live in those warm areas, and drive into other parts of the state — or, say, over the Grapevine, or through Lake Tahoe to Nevada — where it is freezing in winter, and only have summer solution? This could be dangerous? What should they do?”

Takemoto replied, “It is legal to buy a concentrated solution anywhere in California, which you can mix to obtain fluid appropriate for Type-A winter areas or greatly diluted for the warm areas of the state.”

“Really?” we replied, “Are you saying that to avoid air pollution, unless you live in Type-A areas, you can’t legally buy pre-mixed winter products because they aren’t needed and add to pollution.

But anywhere in the state, anyone can legally purchase a concentrate, and mix it to become the same thing as the winter solution?

“Isn’t this like saying, you can’t buy heroin, but can plant poppy seeds and harvest your own opium?”

We then began to wonder if the mental elevator at ARB rises to the top floor.

Retailers afraid of fines and only speak in confidence

During our first interview, ARB personnel found it odd that we were unable to find  concentrated solutions at any of the dozens of stores we phoned all over “Non-A” California.

Management at the major auto supply companies — on the condition of not revealing their identity — repeatedly told how afraid they were of upsetting ARB and getting hit with a fine — “a really big fine” — if they found a violation of the regulations.

“Look at their website, and you will see that we could face a daily fine of $50,000! And what happens if a warm-area customer buys concentrate, mixes it to the really strong, mountain-area percentage of methanol, and ARB discovers this? Would they sue us?

ARB updates its website

Within a few days of that interview, ARB made significant clarifications to its website. Just Google ARB Winter Windshield Washer Solution.

In our second interview on Jan. 26, Takemoto outlined  their “new outreach program to better educate retailers about the regulations and to underscore that sellers are not liable if a customer buys concentrate and does not respect the correct percentages.”

Legal to make your own

It is legal to make your own solution, but we strongly suggest Googling “How to Make Your Own Winter Windshield Washer Solution” before doing anything.

Methanol is used in commercially available products — about one quart per gallon — but is highly toxic and can be difficult to find. Denatured alcohol is available wherever paint is sold and can be used instead. One gallon costs about $15.

Retired Alaska Highway Patrol officer “Nan,” who resides in snow and ice-free San Luis Obispo, gave us this formula:

“For protection down to minus 20 degrees, just add one quart of denatured alcohol to three quarts of any good summer solution. In a pinch, you can also use cheap vodka or Everclear, but don’t sample your creation before driving off!”

We’ll drink to that. Cheers!

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Bruce” is CEO of a Chicago IT company with over 60 employees, where “over the summer of 2021, a very bad feeling began to take hold,” he told me in a lengthy phone call.

“Suddenly a great lack of trust became apparent. Some of our most gifted people complained of feeling ignored, not valued, not listened to, their ideas stolen by management, and being treated unequally – and it wasn’t racial.

“The trial of Officer Derek Chauvin for killing George Floyd seems to have let the steam out of a pressure cooker, and people are openly telling me they feel victims of bias on the job. Our HR department has no idea what to do.

“Do you know of a book on this subject that I can have our managers read, something that will help them identify their own, unfair, biased treatment of staff, because I believe we’ve got a real problem.”

Bias – Invisible until It Isn’t

That phone call could not have come at a better time as I had just finished reading the answer to my reader’s request, Bias Interrupted – Creating Inclusion for Real and for Good, by Joan C Williams, distinguished professor of law at the University of California, Hastings Law.

Her book made me aware of how we can all be incredibly biased against or for someone or something. When it happens on the job, there are no good outcomes.

I asked her to outline some of the most commonly found types of bias that are easily identifiable:

1 – Prove it Again Bias – Where women and minorities have to prove their skills and competence more than White men.

Consequences: For women and people of color to be promoted takes longer because they have to provide more evidence of being equally competent – proving themselves repeatedly just to get the same recognition that others receive.

White, male employees are more likely than any other group to be judged on their potential — as opposed to real accomplishments.

Performance evaluations should be based on specific competencies, according to a published standard, with evaluators giving at least three pieces of evidence to back up their rating.

Also, records should be kept of who is seen as having potential and then matched with their actual accomplishments.

2 – Failure to understand how “Walking the Tightrope” makes office politics more complicated for women and people of color.

Consequences: Without finding ways of being authoritative and ambitious that are seen as “appropriate,” while minimizing the risk of being perceived as “difficult, aggressive or intimidating,” women walk a tightrope between being “too masculine” and “too feminine.” So the need to “self-edit” is very high.

When we think of accomplished scientists, physicians, lawyers, CEOs, etc. their excellent — authoritative and ambitious — performance is often associated with masculine qualities. That’s often an issue for women, who are expected to be feminine.

If women are “too masculine,” they are respected but not liked; if women are “too feminine,” they are liked but not respected.

Add to this the reality that White men are seen as a good match for glamorous career enhancing assignments, while women and people of color are seen as a good match for support roles.

3 – Maternal Wall Bias – when colleagues view mothers — or pregnant women — as less competent and less committed to their jobs.

Consequences: Women’s career opportunities wither after they have children and they leave in frustration which costs businesses enormously.

This is a major problem for women’s career advancement. The solution is for supervisors to not to make assumptions about motherhood and career aspirations.

Organizations should make family leave available equally for mothers and fathers. Additionally, do not favor employees who work on-site while penalizing those who work from home, especially if they have children!

4 – Racial Stereotyping – Different groups of people of color encounter specific racial stereotypes.

Consequences: Asian Americans will often be hired but not advance to leadership. Latinos and Black processionals will often be treated so disrespectfully that they leave. The solution is to not stereotype but to treat everyone with respect.

Asian Americans are seen as good at technical work but lacking leadership skills. Latinos may be seen as “too emotional” for showing behavior that, in a White man, would likely be seen as a career enhancing passion for the business. Black Americans report high levels of isolation and disrespect.

How do I Identify and address the Problem?

“Bias Interrupted” is a great first step, as it shines a brilliant light into the somber room of bias and prejudice at work.

But there is something else, something so needed, that Professor Williams stands for and that you just can’t miss in her book, and that’s her message of basic, fundamental fairness.

When we can see in ourselves unfair, biased behavior towards others, we will have the power to interrupt it. That powerful message may influence her law students at Hastings to think less about winning at all costs and more about building a more just, less biased society where being fair to each other is a goal.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If a car dealer lets you take a car out for a test drive and it suffers catastrophic engine and transmission damage, are you responsible for the repair charges?

Note, I didn’t say, “Because of something that you did wrong,” rather, that it experienced a breakdown that occurred while you were driving the vehicle.

Confused? So, too was my reader, “Alissa” who lives in a suburb of Los Angeles, not far from one of most picturesque and yet dangerous sections of freeway on Interstate 5, which connects Southern California with the Central Valley.

Known as the Tejon Pass, often called the Grapevine, is a steep 5 ½ mile, 6% grade at the northern end of the pass that makes national news every winter when it is shut down due to ice and snow, stranding thousands of motorists and big rig drivers.

In summer, it can destroy a vehicle’s engine and transmission if in poor condition. It has two runaway truck ramps. All of that said, coming down I-5 is one of the most dramatic drives I know of and I never tire of the experience.

Found the ‘Ideal’ Used, Compact, Sporty Car

“I was looking for a low mileage, automatic, sporty car from Detroit and found a 2013 model year that I thought was ideally priced — $15,000 — at a car dealership in Los Angeles. They photocopied my ID and driver’s license, handed me the keys and said, ‘While this particular model is no longer being manufactured, it was seen as Detroit’s answer to BMW and Mercedes. Take it anywhere you like.’

“I have family who live in the Central Valley, and know the Grapevine like the back of my hand. After reaching the summit at about 4,000 feet, I began my descent, shifting into a lower gear as I have always done. This is called ‘engine braking’ and allows the transmission and engine to slow the vehicle so you don’t run the risk of brake-fade.

“At first the car behaved normally, slowing down a bit, but then, in shifting to a lower gear, suddenly things went very bad quickly. The tachometer – showing engine RPM – began climbing towards and then into the red, at over 7,000 RPM and finally the needle was pinned at the end of the tachometer.

“I tried to up-shift, but nothing happened except this horrible, horrible sound developed.

Next, I heard what sounded like an explosion, with smoke bellowing from the car. I pulled off the freeway and onto the shoulder, heard more strange, ‘crunching’ sounds, then the car completely died.

“I phoned the dealership and they sent a tow truck. Later I learned that both the transmission and engine were ‘blown’ by over-revving.”

‘It’s Your Fault Because Of Downshifting’

“Mr. Beaver, the used car manager, both in a letter and screaming at me on a telephone call, is insisting that I pay for repairs. ‘You use a car’s brakes to slow down, not by downshifting!’” he repeated.

“But this was an automatic, not a manual, and I have always downshifted automatics when descending the Grapevine with no problem. Can you help?”

‘Trying to Scam Him’ Were the Comments from Auto Mechanics

I spoke with mechanics at transmission shops from across the country and with technicians at dealerships that sold this particular brand of luxury vehicle. They all agreed that unless there is a defect, an automatic transmission will prevent you from over revving your engine by up-shifting automatically or by not allowing you to shift to a lower gear if there is a potential to over-rev the engine.

Said a technician from Denver, “Automatics manufactured over the past several decades will not allow themselves to self-destruct. If you are driving at freeway speed and try to shift your car into the wrong gear, it won’t. It may shift to a lower gear than what you are in, but will not allow the engine to over-rev.”

However, they all stressed, that, while most cars with manual transmissions have a rev limiter – or other components which prevent over-revving – nothing will stop you from downshifting into the wrong gear and accidentally over rev the engine. “That’s why it’s important to always take into account how fast your car is moving before deciding to downshift into a lower gear in a manual,” every mechanic pointed out.

Before I gave them the model, technicians at dealerships that carry the brand of car my reader drove said, “You’re talking about the XYZ, right? That car had tons of transmission problems.”

Also, they all agreed with Alissa that it is perfectly appropriate to use “engine braking” as way to help slow the speed of automobiles and big rig trucks on roads like the Grapevine.

A Little Chat with the Dealership’s Owner

It was evident that either the used car manager was clueless about anything mechanical, or was trying to bluff my reader into paying for something that was not her fault.

In conversations with auto dealer friends of this column, the conclusion they all reached was that asking the customer to pay for repairs was so wrong as to risk the Department of Motor Vehicles or District Attorney Consumer Fraud Departments getting involved.

In summary, they said:

“When a used car suffers a catastrophic breakdown on a test drive – especially a car almost 10 years old–unless you can prove the customer intended to harm the vehicle, you weigh the cost of repairs against just offering it to an auction lot, or having it declared scrap.”

Armed with that information, I phoned the dealership’s owner. Not only was he unaware of the facts of this case, but when informed what his used car manager was doing, became very upset.

“It is plain wrong! Please tell your reader that I am so sorry she was put through this nightmare and that if she still needs to buy a car, to pick one out and arrange to speak with me. I will make things right.”

I conveyed that information to Alissa, and it is my understanding that she will take him up on the offer.

Video from Steve Lehto:

Steve Lehto – “Dealer Tells Customer to Pay for Engine Failure During test Drive”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Our story today will be of interest to anyone who owns a car or RV, and we begin with a question: “What is the one thing an automotive repair shop must provide before any repair work is done? If it is not provided and they work on your car, then what?”

In March of this year, Hanford reader “Susie” did not know the answers to those questions, and she is not alone. This is her story.

When her 2004 Mercury Mountaineer began making strange engine noises, she took it to “Mechanic 1″ who explained that it required new timing belts and other work. She was given a written estimate — about $4,000— which she discussed with a friend who referred her to his friend, “Mechanic 2.”

Had she taken just a minute to Google this repair shop, there’s a good chance that today’s story would not have been written, as a Yelp review from “Miriam” stated:

“This guy ripped me off not only once, but twice. Never fixed my engine light and probably never even fixed anything in my car. He never gave me a print out, or an estimate before he began work on my car. Never go here, it’s a waste of time and money.”

“Mechanic 2 only wanted $2,300 to repair the motor, and promised it would be ready in a week. I never received a written estimate. Three weeks later I got my car back and it had a knocking sound that was not there before. Going back and forth to his shop and wanting him to stand behind his work, he came up with different excuses, one of which was the transmission. But I took it to a transmission shop and they said that it’s the engine!”

Susie next took the car to, who else, Mechanic 1 who “looked at it and the bill I was given, finding things which had not been done but for which I was charged, and other possible causes of the knocking sound. But I can’t afford to have him pull the engine apart or do repairs,” her fax to You and the Law stated.

“Yesterday I phoned Mechanic 2 and told him that I’m going to court, and suddenly now he wants to make everything right when the entire month of April he never wanted to fix the engine. Can you please help me?”

In California and most states, an automotive repair shop is required by law to provide a written estimate covering labor and parts before work begins on a vehicle. “No work shall be done and no charges shall accrue before the authorization to proceed is obtained from the customer,” Business and Professions Code section 9884.9(a) states.

“Authorization consists of the customer’s signature on the work order taken before the work begins, and is valid without the customer’s signature only when oral or electronic authorization is documented in accordance with State regulations.”

So, what happens, as Susie experienced, when the shop does work on your car, expects to be paid, but fails to provide the signed written estimate beforehand?

“They can’t legally do a thing to your car without that written estimate,” a Bureau of Automotive Repair investigator told You and the Law. “They could completely rebuild your entire car, yet without complying with the law, cannot charge you a cent.”

But Susie paid Mechanic 2’s bill. So now what?

We set up a three-way conference call with Susie and Mechanic 2, announced that it was being recorded, and over the next several minutes it became evident this guy was just asking to have his license suspended or revoked, first for the failure to provide a written estimate, and second, for charging her for parts and labor not provided.

He had no objection to being recorded, and in fact wanted it known that, yes, there was no written estimate, and, no, he was not going to refund her $2,300.

“You knew the law requires a signed written estimate, right? We asked.

“Yup, sure do.” he replied.

“Then why did you not have her sign one?”

“Because she was brought in by a good customer, that’s why!” he replied. It should be noted that there is no such thing as “a-good-customer” justification for failing to comply with the law.

“It is in your best interest to give her a refund,” we urged. “The Bureau of Automotive Repair considers doing the right thing in a positive light. If she takes you to Small Claims Court, you have no defense at all.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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That tank of gas that you just purchased — is there something in it which could cost you hundreds of dollars in repair bills for a damaged fuel system? How would you know? What are the symptoms? Can the damage be prevented?

That was what 78-year-old Ethel Girrard wondered, within 20 miles of filling her tank at a Flying J gas station in McCammon, Idaho. “The engine of my 2007 Chevrolet Impala began to sputter and would not run correctly forcing me to take it to a Chevrolet dealer in Pocatello,” she said.

“They examined the fuel system, and had to do over $600 of repairs, including replacing fuel lines, draining the tank and replacing fuel injectors. The shop gave me a statement that the damage was caused by the gasoline.”

As she had to rent a car while her’s was being repaired, and with other expenses, she was out almost $900.

Mrs. Girrard took her bills and the statement — along with a fuel sample — to the Flying J station to register her complaint. The matter was then referred to their insurance company. I’ll give you 10 seconds to tell me what the insurance adjuster concluded.

“This location sells over 5,000 gallons of gasoline daily, and there were no claims of contaminated fuel from other customers,” was the official word. Claim Denied!”

As chance would have it, Mrs. Girrard has a daughter who reads this column in Southern California. Sherry Stover contacted You and the Law after reading our article on warranties.

“Does this also apply to receiving bad gasoline from a service station?” she asked.

Thus began what was for me a real learning experience about gasoline, what’s added to it, the possible harm done to a car’s engine, and how to limit the chances of facing your own repair bill.

But something equally important resulted from Sherry’s e-mail. In researching this story — seeing if I could do something for my reader’s mom — I was in for a completely unexpected surprise with the people at Flying J. Everyone I dealt with proved themselves to be some of the most honest, forthcoming, customer-oriented people that I’ve met in a long time.

In an effort to find alternative sources of fuel for our cars, a very old source of energy was brought back in fashion, ethanol, better known as plain old alcohol. Today, every state permits gasoline retailers to add no more than 10 percent ethanol to gasoline. This is to help us reduce our dependence on expensive imported oil — and that’s a good thing.

Unfortunately, we rarely hear about the potential downside of ethanol in fuel.

These fuels generate less energy than those without, so your miles per gallon are slightly reduced. But that’s not the worst of it for some cars.

As alcohol is an excellent solvent, it can dissolve fuel system parts, rubber, plastic, some fiberglass, and aluminum. But the more common danger is what happens when ethanol gasoline mixes with water.

Ethanol dissolves in water 50 times better than non-ethanol containing fuels. So, you may be thinking, “Why is this so important?”

The reason is that, with less than 4 teaspoons of water per gallon of fuel which contains ethanol, “Phase Separation” occurs in which the gasoline and alcohol separate into two distinct layers in your gas tank. One layer is gasoline, the other is a mixture of ethanol and water which will not burn correctly and can cause major damage to the car’s fuel system.

From the time You and the Law contacted Virginia Parker in the Public Relations Department at Flying J Headquarters in Idaho, things moved very fast. Despite the fact their insurance company denied the claim, she put me in touch with a number of managers in their fuel distribution system, all of whom showed real concern and a desire to help Mrs. Girrard.

“The gasoline was not contaminated, of that we are certain. When over 5,000 gallons of fuel are sold a day, if there is contamination, you’ll be receiving complaints from many customers. We had none,” I was told by a fuels manager.

When he said that, I expected to hear, “Sorry, we just can’t help.” But that’s not what he said. Instead, he pinpointed the cause of Mrs. Girrard’s problem: water in her gas tank which reacted with the ethanol, causing phase separation and damage.

The next day, my reader phoned; “Flying J just called my mom, and are going to reimburse all of her expenses!”

Indeed, Flying J did indeed care about their 78-year-old customer, helping her when they legally did not have to.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“I own a truck repair company that services the very large vehicles that are the backbone of goods transportation across North America.  Recently we found evidence that rodents had been chewing through wiring insulation. Today, much of it is soy instead of petroleum-based and this is attractive to rats and other rodents.

Some of ‘our’ rats are enormous, and mean-looking. A couple of them gorged themselves on so much insulation that they apparently decided to take a little after-lunch nap and could not get out when a technician started the motor. It didn’t take long before the most peculiar odor filled the shop. Opening the hood led to the discovery of ‘filet of roasted rat in motor oil.’

“Well, Mr. Beaver, the first thing we thought was ‘Get a cat!’ But next day, out of nowhere appeared two beautiful white cats. They were chasing a rat. We tried to approach them, but they ran away, so obviously they are feral cats. One of our employees loves cats, and he’s been buying cat food, setting it out for them, as they have taken up residence under a little shed we have in the rear of the property.

“Last week the next door neighbor came over and said there is a law against feeding feral cats. I looked it up, and he is correct, but I do not understand why we can’t feed them. Can you explain why?”

Valid reasons

For an answer, I contacted Norfolk, Virginia-based PETA, People for the Ethical Treatment of Animals, and spoke with Animal Care and Control Issues manager Teresa Chagrin. She has passionately worked for animal rights “my entire adult life,” and her dedication came right through the phone lines during our chat.

“Dennis, there is a valid reason why many states and cities have laws aimed at preventing the feeding of feral animals, and specifically cats. This is a huge issue across America,” she observes.

“It is important to understand that the media describes all homeless cats as feral, even if they are extremely social and have never spent a day outside in their life. Possibly their owners might have moved or just put them out. So, not all homeless cats are feral. A feral animal — such as a cat — is a domestic animal who has never been socialized or lived with people. They have lived in the wild.  It does not make them wild animals, it makes them feral animals.”

Cats are killers

I asked Chagrin, “What is the risk in leaving food out for feral cats?

“Part of the problem is that when you leave food out for homeless or feral cats, it lures all kinds of wildlife to these bowls of cat food. There is a reason we are told to not feed the bears or any wild or feral animal. This disrupts their natural behavior and lures them into areas they would otherwise stay away from.”

“Next, domestic cats in the U.S. kill billions of birds and reptiles, every year. Cats are the largest human-related cause of wildlife decimation in our country. Leaving your own cat to roam at night is destroying our biodiversity. Cats kill even when well fed. They are natural born hunters,” she points out, adding:

“And we must not forget the fact that diseases pass between cats and other species that can kill wildlife who have eaten out the bowls of food left for feral cats. We have seen typhus outbreaks traceable to fleas on cats. So it’s bad for cats who belong indoors, for wildlife and public health.”

Rat patrol?

But, we hear, “Get a cat if you’ve got rodents. Is that true or just a myth?” I asked Chagrin.

“People see fewer rats and assume it’s because the cats have killed them — but it’s actually due to the rats changing their behavior, and this was confirmed by an interesting study done by researchers at Fordham university in 2017 to see what the presence of cats would do to a rat colony at a Brooklyn waste management facility.

“When the rats sensed the presence of cats, they modified their behavior and kept out of sight.”

PETA’s advice

If you see feral cats on your property what should you do? Chagrin offered these suggestions:

“Don’t feed them! Instead, call Animal Control and your local animal shelter. They may be able to set out a trap for the cats and will instruct you in what to do if one is caught.’

“Finally,” she recommends, “Rodent-proofing buildings, keep trash in secure, covered containers, and clear areas near buildings that may be attractive nesting spots.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Hearing our name when said in a friendly, non-sarcastic or negative tone of voice is one of the sweetest sounds as it creates a chemical reaction inside our brain which then releases the feel-good hormones, dopamine and serotonin, demonstrated by functional MRI studies,” observes psychology professor Dr. Luis Vega of Cal State Bakersfield, whose professional interests include methods of persuasion.

He points out that, “Being on a first name basis creates clan connections — a circle of trust — for harnessing the good, psychological benefits such as seeing the other person in our tribe, giving us a sense of belonging, safe space, and expediency as in I can trust you to look after my interests, to scratch your back as you mine.

“It is why in North America, sales professionals are urged to establish a sincere first-name basis as soon as possible. And today, we are finding that many physicians are inviting their patients to call them by their first names, which has the benefit of reducing anxiety when visiting the doctor’s office.

“But never forget the power of a first name used in manner to provoke a needed, urgent response,” Vega adds.

And then there’s “Mrs. Dr. Gee”

In my town, when professionals meet — physicians, lawyers, CPAs architects — it is common to use first names. It is extremely rare to find a physician who insists on being called Dr.

But Dr. “Gee” was the exception.

As I would learn, his wife was even more title obsessed.

She is Refusing to pay for the Repairs!

With the police close to being called on his wife — who refused to pay for major automotive repairs on her European car — and tried to drive off (the dealership was my client) because “I am the wife of “Dr. G. …”

I phoned Dr. Gee, warmly addressing him by his first name. He replied: “Counselor, address me as Dr. “Gee” as I am a physician having spent more years at university and in training than you lawyers ever do. If my wife refuses to pay an outrageous bill for something that should be covered by warranty, I stand behind her.”

Continuing to use his first name, but in a far-less calming tone of voice, I replied, “This car has been out of warranty for a long time. Neither you nor your wife purchased an extended warranty and the dealership accomplished extensive repairs — many of them safety-related and which she signed for and agreed to pay upon completion.

“Your wife has stated that, as she is married to a brilliantly skilled physician, she should not have to pay for the repairs.”

It was clear that on the scale of people considering themselves entitled, Mrs. G — who insisted on being addressed as “Mrs. Doctor Gee” was at the top of the list. The dealership put her on the phone with me:

“Do you care about your husband’s reputation in the community if you are arrested for attempted theft of services? It is time to realize that everybody pays for car repairs and no one owes you a thing because of your husband’s position.”

A few minutes later, speaking with Dr. Gee, again using his name but in an increasingly urgent tone, I said, “Perhaps your wife’s overblown sense of entitlement works elsewhere, but it is plain wrong, as wrong for you to operate on a patient, save their life, and then not pay for your professional services.”

Preserving His Own Reputation

The key to a win-win outcome was in motivating Dr. G to understand that his reputation was minutes away from being tarnished by his wife.

“Now, this is not the first time that she has embarrassed you like this, refusing to pay for something she ordered. Right?”

“Yes, that’s true. But how can you know that, Mr. Beaver?”

“I’ve got a deal for you,” I said in a softened tone of voice. “You call me Dennis, I call you by your first name, and let’s talk about your life at home. You’ll see, I am a good listener.”

I am now speaking with a man who admits that he is so unhappy at home, trying to please a woman whose life is a whirlwind of never-ending dramas, “And there is nothing I can do that’s right! I am so afraid of the future, of what kinds of nightmares she will create next! Dennis, I am in a loveless, cold marriage and I’m afraid.”

And I heard him sob. It was so unexpected.

“Doc, here’s what we are going to do. You have your office manager go to your bank and obtain cash — not a cashier’s check because she could stop payment on it — bring it to my office and I will go to the dealership, pay them, and your wife will be given the keys to her car and drive off.”

And that is what we did. His office manager handed me an envelope filled with $100 bills, I drove to the dealership, was introduced to Mrs. G, paid her bill, and addressed her by her first name. But instead of thanking me for the help, she exclaimed, “How DARE you call me by my first name! To you, I am Mrs. Doctor G and don’t you ever forget it!”

By that time, both I and the service manager had enough of this arrogant woman who put her husband’s reputation at risk. It was time for “Mrs. Doctor G” to get an earful.

‘”Madame,” said the service manager, “you may have grown up when no one ever said ‘no’ to you. And so you became a selfish, self-centered, entitled monster caring only about yourself and willing to damage your husband’s good name as a physician.”

The moral of the story circles back to what Professor Vega said. When I persisted in using Dr. Gee’s first name, he stopped being defensive and felt safe enough to tell me his troubles. That circle of trust allowed me to negotiate a way out of the problem Mrs. Gee had created. The car dealership got the money it was owed, and Mrs. Gee wasn’t arrested (this time).

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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May 19, 2026  • By Dennis Beaver

Is your car out of warranty? Are you concerned about potentially expensive repairs? Have you heard spots on the radio or seen TV or internet ads from companies offering an extended auto warranty that covers all sorts of expensive repairs on vehicles with expired warranties?

More importantly, are you tempted to buy one of these service contracts? If so, wait! If you do it, you could be ripped off.

While some of these companies do, on occasion, pay for repairs, I’ve learned from experience that at least a portion of the extended-warranty industry is a scam. (The exceptions are the programs offered by auto manufacturers.)

What I’ve seen myself is backed up by thousands of complaints filed with the Better Business Bureau and state agencies and posted all over the internet.

As of 2025, there were about 400 third-party “auto extended warranty providers” in the United States. Before you decide to work with one, Google it along with the words “scam,” “complaints,” “fraud” and “failed to refund my money” to get a sense of the customer complaints. If you notice a pattern, don’t sign up.

The case is still being litigated, but a consumer fraud suit was filed against Endurance Warranty Services in Illinois in March 2025. The lawsuit alleged that “Endurance does not deliver on its contractual obligations, (its) claim process can take several weeks or months to render decisions on claims, and (it) has denied repair coverage without any justification.”

Endurance has denied allegations of systemic bad-faith denials and says that it has paid out more than $300 million in claims since 2012.

The BBB’s website notes that there have been “3,666 total complaints in the last 3 years” about Endurance. Yet, as of this writing, Endurance has an A rating from the BBB.

High grades from the BBB help to scam customers

The BBB enjoys a high degree of respect, and hearing or seeing the phrase “A-rated by the Better Business Bureau” is taken as a stamp of approval that we can rely on to trust that particular business.

However, most people do not know that the criteria used by the BBB to award A ratings have little, if any, correlation with negative reviews and complaints. Simply responding to a complaint — regardless of it being resolved — allows a business to retain an A grade.

The result: Some companies that are out-and-out frauds display their BBB A ratings on their websites and in their advertising.

(In prior articles, I have urged that state agencies and the Federal Trade Commission file suit against the BBB, which, in my legal opinion, becomes a co-conspirator through its practice of facilitating consumer fraud by awarding A grades to companies they know, or should know, are ripping off the public.)

Here’s my experience with a sales representative from an extended-warranty company that began when I answered the phone on a Friday afternoon and was told wonderful things about an extended warranty that I needed to buy.

‘How’s your BMW doing?’

“Mr. Beaver, I need to talk with you about your 2019 BMW that is out of warranty, and I am calling from MyAutoGuard that offers an extended warranty that you need.”

I get these calls all the time from different extended warranty companies. Sales reps try to build a sense of fear, stressing how expensive major auto repairs can be and how all my worries will be taken away when I agree to buy their warranty. “We are A-rated by the BBB” is regularly stressed in many of these pitches and on their websites.

Immediately, I found MyAutoGuard on the BBB website. It currently has no BBB rating, though the company touts an A rating on its website.

And these comments appear on the BBB site:

• “If I could have left a zero-star rating, I would have.”

• “Shame on you scamming elderly people on fixed incomes and making it impossible to cancel.”

• “This is another scamming company. All these companies need to be put out of business.”

Going over the cost to replace a transmission, engine, you name it, but with MyAutoGuard, I was assured that “covered” items would be replaced at no out-of-pocket expense. I would also get 24/7 roadside assistance, free towing, rental car reimbursement and on and on.

The sales pitch often sounds broader than the contract

Typically, you will hear “full coverage, everything major, just like a warranty from the manufacturer, giving you peace of mind.” This could lead you to believe it is “bumper-to-bumper protection” — and they use that term — when, in reality, the contract covers only a narrow list of named components and excludes many of the failures most likely to occur.

When there is a claim, a denial might be based on the vehicle’s pre-existing condition, wear and tear, maintenance records or technicalities.

‘Great, send me a sample contract that I can take to my mechanic’

I said to the sales rep, “This sounds interesting, but before signing up, I need to read your contract so that I have a good understanding of what I am buying. And I want to take it to my own mechanic for review.”

At that point, things turned ugly. I am paraphrasing, but here is what that part of our conversation sounded like:

“Will you please send me a contract to review with my mechanic?”

“Only if you purchase our service.”

“So, you expect me to hand over my credit card number without having a chance to understand what it is I am buying. Is that it?”

“You get the contract after the purchase is complete.”

“If you buy a home, buy or lease a car or rent an apartment, they give you the contract to read. No one says, ‘Only if you pay first will we let you read the contract.’ So what prevents MyAutoGuard from sending me a sample contract to review?”

(The sales rep was becoming more and more nasty.) “You get the contract when you buy the warranty! That’s it!”

I was tempted to ask for the name and telephone number of his probation officer, as he sounded like any number of con artists I’ve spoken with over the years, but I restrained myself.

“What happens if, when I get the contract, I discuss it with my mechanic the next day, and he tells me I do not need it, and I immediately notify your company? Will I get my money back?”

“Take that up with customer service!”

At that point, I hung up.

My recommendation

So, to be perfectly clear — and you can quote me to any sales con you speak to who won’t send you a contract to examine unless you buy that warranty now — never buy an extended warranty or vehicle service contract, or anything, unless you are allowed to read the entire contract beforehand, without obligation, and have it reviewed by an independent mechanic, an attorney or a family member.

And, remember, no deal is so great that you must accept the offer right now. If you are told that, run!

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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