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Questions Answered by Yelena Gurevich
2 Answers | Asked in Civil Litigation and Employment Law for California on
Q: Hello, I feel I was unfairly treated by a clinical research company which I participated as a healthy volunteer

I participated in clinical trials at a company and 6 months ago I complained that a person who they allowed in who had done 11 years in prison for attempted murder and various other violent crimes had threated me. They apologized however The next study I did I was unfairly thrown out of even though... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 2, 2024

Based on the facts you state, i do not see any legal grounds you would be able to pursue against this company. In a clinical trial, the company chooses its participants base don their own criteria, and they do not promise nor are they obligated to use any participant that wants to participate. It... View More

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2 Answers | Asked in Real Estate Law for California on
Q: California Code which requires seller of residential property to disclose to buyer that the property is within an HOA.

If a seller is selling a property which is within a Homeowners Association (HOA), what is the California code which requires seller to inform buyer of HOA plus details of HOA. I believe that the law is in the civil code.

Yelena Gurevich
Yelena Gurevich
answered on Feb 3, 2024

Civil Code Section 4525 requires an owner of a property within an association to provide various items of information and documents to a prospective purchaser of the owner's property “as soon as practicable before the transfer of title or the execution of a real property sales contract.”... View More

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3 Answers | Asked in Civil Litigation and Small Claims for California on
Q: Does a tow company have a legal obligation to use due diligence To avoid an illegal tow? Despite signed consent.

My vehicle was parked in a parking lot, It had suffered a short and died. I pulled off the street Into the lot From there, it was illegally towed. Clearly there were no signs. It was not a private residence, I was not blocking anything my car had only been parked there for a little while.. The... View More

Yelena Gurevich
Yelena Gurevich
answered on Jan 22, 2024

Interesting question. More information is needed (as in were you a customer of the business the parking lot was attached to? If you were not, where did you go instead? And how clear would it be to a reasonable person the lot was for customers only? And who called the tow company or were they... View More

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2 Answers | Asked in Civil Litigation for California on
Q: If the court grants motion, will I have to look for them in the wild or the court can order the defendant to disclose?

The plaintiff asked the lawyers of the defendants, location, and the name of registered agent. They refused to respond.

The defendants have filed a motion to quash process of service by mail. The plaintiff initialy tried serving the complaint through the sheriff's department, but they... View More

Yelena Gurevich
Yelena Gurevich
answered on Jan 22, 2024

If the court grants their motion, apply for service by publication. Look it up and follow the steps. And I highly recommend sending a copy of your application to the attorney for the defendant so they are on notice of what you are about to do. It's going to be a lot harder for them to... View More

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2 Answers | Asked in Estate Planning for California on
Q: What type of Trust is best for the following: Married w/ children, in the 50's, own real estate, have retirement acct.
Yelena Gurevich
Yelena Gurevich
answered on Jan 4, 2024

A revocation living trust is likely what you need. Additionally, it is recommended that you do a complete estate plan, including pour over wills, power of attorneys, healthcare directives, etc. You should have an attorney prepare all this for you. Most simple plans are very affordable and will... View More

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2 Answers | Asked in Identity Theft for California on
Q: I need help with proving my dead parents info is being used. They both passed away in 2005 but just recently Forgery
Yelena Gurevich
Yelena Gurevich
answered on Dec 21, 2023

Help proving something usually means you don't have all the evidence and need to hire someone that can investigate and gather the evidence. This is usually not a lawyer, but rather a private investigator or expert.

If you have the evidence and you are injured somehow by your...
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2 Answers | Asked in Civil Litigation for California on
Q: A law firm mistook my company for one they are trying to collect from, can i demand that they remove my contact info?

First they called me directly over the summer, it took me only a few minutes to understand the mistake and point them to the correct company online. they promised to correct their case info. now they are contacting business associates of mine with std collections threats, to many email addys in my... View More

Yelena Gurevich
Yelena Gurevich
answered on Oct 10, 2023

Because you are a business and not an individual, the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act do not apply. You can continue to dispute the continued collection efforts on your own (preferably in writing), or you can hire an attorney to send... View More

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: 2nd mortgage is included in bankruptcy and now the 2nd mortgage is apparently in foreclosure.

My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More

Yelena Gurevich
Yelena Gurevich
answered on Sep 14, 2023

I have heard this story many times. There is no such thing as "second mortgage included in bankruptcy." For starters, the 2nd mortgage is secured, which means if you filed a chapter 7, you may have discharged your personal liability, but the mortgage survives the bankruptcy and is... View More

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2 Answers | Asked in Real Estate Law for California on
Q: I own my apartment. My upstairs neighbor is renting and causing recurring damage to my unit. How can I protect myself?

Lawyer consultation

I live in a condo. I own my unit. The unit above me is being rented out. The tenant has caused leaks that have damaged my property. 6 leaks in 2 years. This year alone we had to fix the ceiling of the bathroom, living room and patio sliding door. The last repair was... View More

Yelena Gurevich
Yelena Gurevich
answered on Aug 21, 2023

You have options but it doesn't seem like you have exercised them yet. The following are some options are available to you: open a claim with the owner's insurance for each occurrence; open a claim with your own insurance for each occurrence; sue the tenant and owner in court for the... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury and Workers' Compensation for California on
Q: No lights on property. Fell and got injured opening up gate to let business tenant in. Broke front teeth, gash on leg.

The new owners of the property I reside on turned off all utilities for entire property. It is an outdoor storage facility for big rigs, construction and service businesses. Last night I got a call from one of the drivers for the street sweeping company that has its office and equipment onsite... View More

Yelena Gurevich
Yelena Gurevich
answered on Aug 15, 2023

Its not clear how you reside at a commercial facility but this is either a worker's compensation issue or a premise liability issue. So you either need a worker's compensation attorney (if you work at the location) or a personal injury attorney (if you live there but don't work there).

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2 Answers | Asked in Civil Litigation, Landlord - Tenant and Consumer Law for California on
Q: what can I do if someone scammed me with a fake rental lease and made me pay half of the deposit to the secure the room?

I was looking for a room and through a website a renter messaged me and offered me a rental room with a lease they made themselves. They made me pay half of the deposit and requested a picture of my ID. On my part I should’ve known better to trust anyone. Can I take legal action for identify... View More

Yelena Gurevich
Yelena Gurevich
answered on Aug 8, 2023

This is not identity theft yet (based on the facts stated). Someone has to use your identity to do something (ie open a credit card in your name, incur debt in your name, etc) for it to be identity theft.

If you know the name and address of the person that scammed you, you can report it to...
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2 Answers | Asked in Contracts and Consumer Law for California on
Q: How much can a dealership be liable for if they have established a violation of vehicle code section 11709.4?

Traded in a vehicle with 10-day payoff and dealership failed to payoff within 21 days. In fact, it has been nearly 60 days and still not paid off. I contacted dealership after being notified by mail of late payment and that it was reported to the credit companies. Dealership doesn't know... View More

Yelena Gurevich
Yelena Gurevich
answered on Aug 8, 2023

it depends on what your damages are. and you have to take specific steps to limit damages before you could proceed, such as written dispute to credit bureaus and creditor re late fees/ negative reporting. not a do it yourself project. contact a consumer protection attorney right away for... View More

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2 Answers | Asked in Foreclosure for California on
Q: Can I start judicial foreclosure in California for judgement lien if property was sold as a foreclosure quick claim deed

I received a judgement lien against a person (the loan I gave that person was not secured by property). That person owned a house at that moment when I received a judgement lien. Few months later that person passed away, and the house was foreclosed for $3,600,000 (non judicial foreclosure). Later... View More

Yelena Gurevich
Yelena Gurevich
answered on Aug 7, 2023

no, you are too late to do a judicial foreclosure if the property is no longer in the debtor's possession (i.e. you said debtor died). the estate might be liable for the judgment if there are other assets. but since the real property was foreclosed upon by another entity the appropriate time... View More

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Home price given verbally legally binding?

I have a home that is not up for sale quite yet. However, someone wishes to pay cash for it and is asking for a price. If I give a verbal asking price, am I then legally bound to that price? They are anxious for an approx price but home in probate and cannot do paperwork until next month.

Yelena Gurevich
Yelena Gurevich
answered on Aug 1, 2023

real estate contracts/ agreements must be in writing. however, do not place yourself in a position of having to face litigation. if you are not ready to sell, stop engaging in selling conversations. you would benefit from having a real estate broker that specializes in probate sales. contact... View More

2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for California on
Q: Sue another tenant for his act caused the landlord's breach of my contract with the landlord?

A tenant had sexually assaulted us, violently harassed us, menacingly blocked our passing the hallway with ferocious cursing... His acts had thus breached his contract with the landlord since he had violated a term in the lease about "nuisance," but the landlord did not take action to... View More

Yelena Gurevich
Yelena Gurevich
answered on Jul 25, 2023

Did you file a police report for the sexual assault? Did you get a civil restraining order against the tenant neighbor? Did you present both police report and restraining order to the landlord?

I don’t believe you can sue the landlord for essentially not breaching their contract with...
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2 Answers | Asked in Landlord - Tenant and Arbitration / Mediation Law for California on
Q: Can a lawyer collect money from me that my grandson and his wife paid in 2016.I was not aware of the eviction .

Grandson paid Invitatstion Homes $7000.I was unaware of eviction.I had moved out of property.At present I still rent from Invitation homes.Lawyer wants $5000.

Legal Aid tried.but the lawyers had a dead lock.I need a ADR.They continue to harass me.Invitation homes corporate has no open case... View More

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

You should definitely consult with a landlord/ tenant attorney who can review all your documents and provide proper legal advice based on your specific situation. Most offer free consultations so take them up on it sooner rather than later. If it is determined that they are trying to collect on a... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: what does this mean?

if any terms or provisions of this memorandum is invalid, void, or unforeseeable, that term shall be severed from this memorandum, and the remaining terms and provisions shall continue in full force in effect. Coupled with this... The parties, by entering into this memorandum, do not admit or... View More

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

the language means exactly what it says...

-if any terms or provisions of this memorandum is invalid, void, or unforeseeable, that term shall be severed from this memorandum, and the remaining terms and provisions shall continue in full force in effect.

--this means as attorney...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: What is the best plan of action to get my grand mother's home back in her name?

My grandmother's late friend (Canadian citizen) put my grandma's house in his name in the 80s and paid it off for her. They dated until his death in 2021 (I thought they were married but turns out he has a wife in Canada). He left the house to my grandmother in his will but of course... View More

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

Even though the property is in California, because the will was created in Canada and likely governed by Canada laws, you will need to consult with a Canadian attorney as to how to move the administration of the will forward through the Canadian courts. You should also consider consulting with a... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I was given a home in California from a California friend (now deceased) does it matter if my name is spelled wrong?

My name is John A. Doe and the trustor in the trust gave the home to John E. Doe. Can I simply take title to the home or what needs to be done to correct the trust error? Would I have to go to court to resolve this?

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

The deed should be corrected. The process is called Scrivener's Affidavit. You need to draft and notarize an affidavit and record it with the county recorder's office. You will also need to complete and submit a Preliminary Change of Ownership Report (it's a form). You will also... View More

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2 Answers | Asked in Real Estate Law, Contracts, Animal / Dog Law and Landlord - Tenant for California on
Q: Can the manager of an RV Park/Campground tell a leased resident they cant house a snake inside their personal trailer?

Resident in good standing has been at this Park, located in the unincorporated area of the City of Lakeport, County of Lake, California, for 13 consecutive months and has a dog, a cat, a hamster and a small snake (less than a foot long).

Does the park manager have the authority to demand... View More

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

If the lease doesn't have restrictions and there are no city local codes that allow the management to limit amount of pets, then the management cannot likely restrict you owning it. But there are a lot of ifs involved and your best bet is to consult with a landlord/tenant attorney or legal... View More

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