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Questions Answered by Yelena Gurevich
3 Answers | Asked in Real Estate Law for California on
Q: Who pays for repairs to upgraded driveway easement?

I own a 1935 house w/ a historically gravel driveway easement to neighbor’s property. A new home was built there in 2020. At that time their driveway/easement was paved. Their entire construction did not consider drainage on a steep side hill and have had massive damage as a result - including to... View More

Yelena Gurevich
Yelena Gurevich
answered on May 21, 2024

Attorney Keshvarian is absolutely correct. I will only add is that you should factor the cost of paying a lawyer to litigate versus the cost of repair. Consider sitting down with the neighbor and discuss the cost of repair (get estimates before the sit down) and try to determine the cost to each... View More

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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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3 Answers | Asked in Real Estate Law for California on
Q: i have a question about real estate law and escrow in california

basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home

Yelena Gurevich
Yelena Gurevich
answered on Apr 11, 2024

Much more information is needed. Did you have an escrow open for the sale? How Did escrow close without funds being paid? It could be. Possible breach of contract and you would likely need a lawyer to pursue a case.

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2 Answers | Asked in Contracts and Consumer Law for California on
Q: What can I do if a dealership lost my trade in?

I traded my car into a dealership back in Jan. After driving the new car for almost 3 weeks, the dealership could not find a bank to finance me. So I took the car back, the dealership did not return my other car (nor did I sign anything saying I would take it back). Now I have the bank who financed... View More

Yelena Gurevich
Yelena Gurevich
answered on Mar 15, 2024

Yes, you have legal grounds. search and consult with a consumer protection attorney familiar with auto fraud issues.

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2 Answers | Asked in Elder Law, Estate Planning, Banking and Probate for California on
Q: I have a legit poa over my friend because I take care of everything for him the bank denied it and want to take over his

Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts

Yelena Gurevich
Yelena Gurevich
answered on Feb 13, 2024

You haven’t asked a legal question so it’s difficult to know what you need an answer to. Gather your documents and consult with a trusts/ probate attorney directly.

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2 Answers | Asked in Civil Litigation, Estate Planning and Probate for California on
Q: How can i file quitclaim deed litigations in california?

Over time, his contact with me decreased and my life got busier with kids and work schedules. Last year, we hit rock bottom in our relationship. Unfortunately, I discovered last year (2023) that he had breached our agreement by transferring the property to his partner. Moreover, I learned he did... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 3, 2024

This seems complicated and a bit confusing. Who's on title to the property? Who are you? and who is he? What is your relationship to each other and to the property? If this involves real estate (i.e. property), gather all your documents and consult with a real estate attorney. If this is... View More

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2 Answers | Asked in Civil Litigation for California on
Q: My sister filed a complaint against me saying that she was under duress and stress when she quit deeded my mothers prope

ty over to me cause she couldnt pay the default. Taxes the house was auctioned off and she is claiming that the excess proceeds should go to her since the deed was in her name longer. And that her duress was caused by a harrowing divorce and she was having serious health issues at the time and that... View More

Yelena Gurevich
Yelena Gurevich
answered on Jan 22, 2024

There isn’t a clear question posted on this post. But Sounds like you’ll need to hire an attorney to represent to in this matter unless you are prepared to research the relevant law and procedure and represent yourself.

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2 Answers | Asked in Family Law and Real Estate Law for California on
Q: After 40 years of marriage, my husband left to live with his partner's wife. He has been gone for 18 years.

In 2002,he had just sold his business for two million dollars. So had his partner. He left in 2008 .He gave me the house, and $300,000. He took the money. He said that it was an equal split. I was a dummy and trusted him, and did not get all this on paper. Now he says he is broke, and will not sign... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 3, 2024

use the find a lawyer tab on this website and search for a family lawyer near you. You will want to gather all your documents and consult with the attorney one on one to get the best advice given your situation.

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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
Yelena Gurevich
Yelena Gurevich
answered on Jan 21, 2024

Wills do not normally get notarized. To get a real answer to your question, gather all the documents and speak to a probate attorney asap.

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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for California on
Q: We are currently under receivership and the receiver is running up extremely high costs for the business.

The receiver was also appointed with a large conflict of interest in the case

Yelena Gurevich
Yelena Gurevich
answered on Jan 4, 2024

What happened when your lawyer petitioned the court to remove/ replace the receive showing proof of conflict and impropriety?

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2 Answers | Asked in Contracts and Consumer Law for California on
Q: can i return a car to carmax with unresolved issues after a year?

Bought the car from carmax. Parked and it leaked. All year took the car back and forth to fix it. A month later still a leak. Carmax sent me to another location to fix it, but still nothing. Now its a year later and the leak has not been fixed. Can i sue carmax to get my money back and return the... View More

Yelena Gurevich
Yelena Gurevich
answered on Dec 29, 2023

Most likely the answer is yes but to do so successfully you will need to gather all your paperwork and consult with and hire an auto fraud/ dealership fraud attorney. Most cases are taken on contingency.

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2 Answers | Asked in Consumer Law for California on
Q: Vehicle purchased from large Ford dealership with no smog certificate, vehicle will not pass, no title transfer.

What area of law covers this situation? At this point I want to return vehicle and get money back. Dealership will not communicate with me. Cannot register vehicle. Purchase made July 2023.

Yelena Gurevich
Yelena Gurevich
answered on Dec 26, 2023

this is auto fraud area of law and the dealer cannot sell a vehicle that is not smogged/ cannot be smogged. contact an auto fraud attorney asap.

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2 Answers | Asked in Family Law, Real Estate Law and Business Law for California on
Q: My attorney was diagnosed with cancer, court date postponed. I don’t know how serious it is but she is starting chemo!

This is a family law case where my ex ex started litigation post judgment over a frivolous matter. My attorney just let me know she had been diagnosed with cancer and I don’t know what I need to do next. my ex and his attorney are brutal. They will take advantage of every opportunity, especially... View More

Yelena Gurevich
Yelena Gurevich
answered on Dec 21, 2023

Get a new attorney asap (if your current attorney is not able to continue to represent you).

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2 Answers | Asked in Contracts, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Signed real estate purchase under duress, but the buyer agency has hold harmless from all liability. Nullify & sue? Mold

Agent misrepresented and outright lied about a property to us saying it had no odors and no evidence of mold, denied us an inspector for ing a "handyman" on us instead which never went to house, and seller and agents at least negligent in the

disclosures.

They have a... View More

Yelena Gurevich
Yelena Gurevich
answered on Dec 19, 2023

This forum cannot guide you. Your issue and question is too specific and requires review of all the purchase documents and further I formation. Gather all your documents and schedule a consultation with a real estate attorney.

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2 Answers | Asked in Real Estate Law for California on
Q: Hi. I bought a condo a few years ago as-is and had no issues with any of the rooms that were inside the unit.

The on site management team did their annual fire inspection this year and claimed that one of the rooms is illegal and the previous owners from 7 years ago had built it without approval. They made no mention of the room before this year. I had no prior knowledge of the room being illegal before... View More

Yelena Gurevich
Yelena Gurevich
answered on Nov 20, 2023

You need to gather all your real estate, inspection, communication, etc documents and consult with a real estate attorney asap. It’s possible you have a claim again the seller and their broker, and possibly your own broker too.

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