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Questions Answered by Yelena Gurevich
2 Answers | Asked in Civil Litigation for California on
Q: Can Plaintiff ask discovery about business, if isn't listed as defendant in the lawsuit? Only me and wife defendants

Me and my wife are the only defendants in the lawsuit. My business is not listed as defendant in the Lawsuit.

Can the Plaintiff ask question about business, ask for discovery about the business

Yelena Gurevich
Yelena Gurevich answered on Jan 12, 2021

they can ask, and you would have to assert the proper objections. it doesn't sound like you have an attorney and if they do have an attorney and you do not then you need to hire one because the procedural aspects and specifics of a lawsuit can affect the overall outcome of a case.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Which institutional arbitration forum is most preferred in California State?? Can you name a few?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2021

JAMS and AAA are the top names.

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Hello, my question is about how I might be affected by Prop 19 in Southern California.

My parents have passed on this last August and my sister is now the trustor. If I were to buy her out and take ownership of the house prior to February 15, 2021 would I qualify for a reassessment exclusion? It would not be our primary residence.

Yelena Gurevich
Yelena Gurevich answered on Jan 8, 2021

you need to speak to a trust administration attorney. if your parents already passed, the trust itself governs the transfer of properties and given your stated dates, you may not be subject to prop 19 but you need to speak to an attorney regarding the specifics to know your options.

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2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Is it feasible to file a motion to compel arbitration in a collections lawsuit, as the defendant? Hoping they'll drop
Yelena Gurevich
Yelena Gurevich answered on Jan 5, 2021

if there is a binding arbitration clause in the contract, then yes, you can file a motion to compel arbitration.

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2 Answers | Asked in Consumer Law and Banking for California on
Q: My bank paid a $50,000 auto loan to a fraudulent dealer. Does the bank have liability?

My bank paid a $50,000 auto loan to a fraudulent dealer. The money was misdirected to a different business name that I did not authorize. My bank has told me that no fraud occurred and that I should pay the loan anyway. I believe that the bank has mishandled the transaction and did not perform the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 29, 2020

This is not a quick answer by any means. This would require that you consult with and likely hire the lawyer to review all the documents and facts to determine your legal rights and options. Feel free to schedule an appointment to discuss in detail.

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3 Answers | Asked in Consumer Law for California on
Q: can a bank deny a car loan even after the car is registered in owner's name?

purchased a car at Stead Hilltop Ford with $7000 down, $10,000 on credit. Have had the car a month, then a letter from Wells Fargo came and denied my loan because of a 612 credit score. Does Stead get the car back, and I get all my money back, or does Stead carry the note?

Yelena Gurevich
Yelena Gurevich answered on Dec 27, 2020

Generally, the dealer has 10 days from the date of purchase to inform you whether financing went through or not, and if they don't tell you within those 10 days, then the dealer becomes your finance company. If the dealer does tell you within 10 days of signing the contract, then the dealer... Read more »

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1 Answer | Asked in Contracts and Construction Law for California on
Q: After default, can I present new evidence against the plaintiff?

I'm in default but have learned that the contractor needed a separate permit to perform the work so that the work would be reviewed by the city and signed off accordingly. That was part of the contract, that I would have to pay them once the city signed off the permit. Since they didn't... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2020

if there is a default against you, it means you failed to appear and the judge entered judgment. there are only limited circumstances where that default could be lifted and you will need a lawyer to go over those options and do the work which means you will need to pay a lawyer to do this. it is... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Two grandsons receive a gift from grandmother four separate properties each given a half interest of undivided property

One grandson has paid all property taxes maintain the properties for 20 years! His brother died eight years ago and did not include this separate property in his will or trust! What should he do

Yelena Gurevich
Yelena Gurevich answered on Dec 16, 2020

it depends how it was given to them, as joint tenants, as tenants in common, etc. this will require an attorney to review the paperwork to determine everyone's rights.

1 Answer | Asked in Civil Litigation for California on
Q: Can a boat shop take ownershipship of my boat if im making payments on the service the did on my boat?
Yelena Gurevich
Yelena Gurevich answered on Dec 16, 2020

there is not enough information to answer your question. did you sign an agreement with them that would give them that right? do they hold the note or title? you will need to speak to an attorney to review the specific facts and legal options.

1 Answer | Asked in Real Estate Law for California on
Q: My sister and I own property together. Can she build on the site without my permission?

We bought our Mothers house together. I wanted to fix it up but she didn't so we ended up having to demolish it. She told me she wanted to build aa retirement home for her and her husband when they retire. But I want to recoup the money I put into it! I don't want to be left with nothing... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 16, 2020

ask your sister to buy you out or initiate a partition action. you may need to hire a lawyer for the partition action so that it is done right.

1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for California on
Q: can an auto dealer be held liable for reporting new car purchase to buyer's insurance?
Yelena Gurevich
Yelena Gurevich answered on Dec 14, 2020

liable for what? why wouldn't the dealer report the purchase to insurance to protect their interest?

1 Answer | Asked in Contracts for California on
Q: We paid our down payment on a new house on Wed., yesterday I a call right before I drive over to pick up keys saying we

owe late fees and won't give us the keys.

Yelena Gurevich
Yelena Gurevich answered on Dec 11, 2020

not sure what the question here is. also not clear if you purchased a new house or are renting one. different laws apply and therefore lawyers don't always practice in both arears of law. maybe rewrite and report your post and question with more information and details.

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California on
Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

2 Answers | Asked in Tax Law and Consumer Law for California on
Q: Can a flower shop business whichv isn't registered, no permit, no resell license, and is now selling from from her house

This lady buys flowers from local markets or supermarkets and makes flower pieces for funerals and resales them for a higher price out of her house and she's got social media advertising her illegal flower shop. There's a local "Florist" who I purchased flowers pieces for my... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

Her license or lack of license is separate and apart from whether or not your relatives can recover from her. If they paid for a product and didn't receive the product (assuming it was under $10,000) they can sue her in small claims to recover the money.

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1 Answer | Asked in Civil Litigation for California on
Q: What does review Plaintiff Opposition to Demurrer mean
Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

Have you tried asking your attorney? It sounds like you are questioning a billing entry. If you filed a complaint, the other side can file a demurrer (a type of motion to dismiss). Your attorney then needs to read, review, and research the law used within the demurrer to be able to prepare and... Read more »

5 Answers | Asked in Bankruptcy for California on
Q: Can I voluntarily surrender cars and timeshares after chapter 7 if I have not completed a reaffirmation agreement
Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

generally yes. you my want to speak to your chapter 7 lawyer as well.

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2 Answers | Asked in Real Estate Law for California on
Q: The buyer agreed to purchase the real property in the amount of $170,000 but the buyer requested to pay $70,000 direct

directly pay $70,000 off the record (no written documents as per $70,000) and at the Sales contract, the sale price indicated $100k. Only $100 k was shown at the deed of trust and recorded. The buyer paid $40,000 at the same date when the deed of trust was recorded (the seller was the lender).... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

it's not clear whether you are the buyer or the seller but in any event, each party here, needs a lawyer representing them and you want to retain that lawyer right away if there is an active lawsuit.

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: Hi, I just signed a lease which I got a lot of help from my broker. Can I have someone review the contract packgage?

I do not think the contract package is legit, because during the process, the broker always mess up the docu sign contracts and I worry if there is something shady in the contract. Especially during the Covid time eviction is impossible I am really worried.

Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

Yes, You can hire an attorney to review the contract for you if that is what you are asking.

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What is my financial responsibility and liability on an inherited house? Trying to avoid a partition action.

California. I am due to inherit my mother's house along with my siblings. There are issues with the other siblings not paying for housing expenses and I been taking up the slack. I have requested mediation to come up with a co ownership agreement to distribute responsibilities or to be bought... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 2, 2020

If there is no agreement by the owners regarding payments or selling the property, than partition is the appropriate action to take. It will either force a sale of the property or a buy out of the party asking for a partition.

1 Answer | Asked in Real Estate Law for California on
Q: Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city

Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city planning department. We as buyers and sellers have signed the purchase contract; but we have NOT put down the deposit money yet (it's been 2 business days since signatures).... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 2, 2020

It doesn't sound like you have much of a case. You could be in breach if you back out. The devil is in the details and you have to review all disclosures to determine whether it was something that had to be disclosed or not. Generally, only issues with the property you are purchasing have... Read more »

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