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Questions Answered by Yelena Gurevich
1 Answer | Asked in Civil Litigation for California on
Q: Do I have grounds to sue a person I signed a lease with and has bailed before the lease is up?

Can I sue them for financially burdening me since I was left with all the bills

Yelena Gurevich
Yelena Gurevich
answered on Jan 16, 2023

Yes you can sue for breach of contract and/ breach of implied contract.

1 Answer | Asked in Consumer Law for California on
Q: Is it illegal for loan companies to charge you a down payment on car loans? If I paid a down payment do I get it back?
Yelena Gurevich
Yelena Gurevich
answered on Jan 9, 2023

it is not illegal to be charged a downpayment for a purchase of a vehicle, even one that is being financed.

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If I leased a car and with in 19 miles of the lot it’s brakes down. Then a few months later it’s shuts off completely wh
Yelena Gurevich
Yelena Gurevich
answered on Jan 6, 2023

you need to consult with an auto fraud/ dealership fraud attorney to review your contract and options.

1 Answer | Asked in Contracts and Consumer Law for California on
Q: A dealer canceled our contract for purchase of new car but notified us only in mail-we recieved it on day 10

On 12/22/22 we purchased a new Honda oddest at Honda Moss Bros. Today 12/31 in the mail this evening-our mail comes at 6ish PM we received A notice of cancel due to not finding financing. The envelope almost wasn’t opened as it looked like a sales letter. We recieved no phone calls or emails.... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jan 1, 2023

no, they are not too late if the date on the letter is within 10 days and you say you received it on day 10. you need to return the vehicle and get back whatever money you paid to the dealer thus far.

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: I had to close my SCorp at the end of October, 10 months shy of the end of the lease. Can I get sued by the landlord?

My business was destroyed by COVID. I got every grant and loan possible and spent every dime in the corporation but couldn't make it to the end of the 5 year lease. The landlord doesn't care, wants 12K for rent, taxes, etc. I'm not able to pay anything because I am unemployed (2... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 27, 2022

Yes. You can be used. Highly recommend you consult with a bankruptcy attorney that may be able to wipe out your liability.

1 Answer | Asked in Lemon Law for California on
Q: What do I do if I am leasing a lemon and it's been on shop for almost a month and no estimated time of fix lost my job

And now I am going to lose my place to live and still don't know when I will get my car back help what can I do

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

have you called and consulted with auto fraud attorneys regarding the issue?

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there a law protecting consumers from auto dealer fraud?

I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: If I'm attacking bonafide purchaser status in quiet title action do I counterclaim too if that defense is my answer also

Also ejectment. does that require counterclaim? Do I specifically have to answer to that?separately? I'm unrecorded coowner in possession for eight years and he's trying to say he didn't know of our claim when he bought from our coowner without our knowledge of sale. Broker and... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 26, 2022

You issue and question is way too specific for an attorney on this cite to give you any meaningful response to. You need to take all your documents and meet with an attorney for a one-on-one consultation.

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Predatory Customer Threatening Small E-Commerce Business With Legal Action

Customer filed dozens of fraudulent damage complaints, filed disputes with PayPal and the BBB and broke our business terms of service so we banned them. One month later they created a new account on our e-commerce website using their wife's maiden name and repeated the process of placing... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 16, 2022

They can file a lawsuit (anyone can) but it doesn’t mean they will win. It’s not clear what they would sue you for (especially if you are refunding). You may need to consult with and have a business attorney on retainer as it’s just a smart thing to do for anyone who owns a business. A letter... Read more »

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2 Answers | Asked in Contracts and Construction Law for California on
Q: A contractor I hired has done very poor work, keeps demanding more money and blames me for everything. What do I do?

I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 15, 2022

Attorney stoddard is correct and gave you great advice. I would add that you need a new contractor to come out and give you a written estimate of everything that needs to be fixed. The estimate should be as detailed as possible. You will need this to prove your damages.

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3 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Hello my name is Salvador I recently got a paper at my job’s HR office that some company is trying to garnish my wages,

But I’ve never received a letter or any paperwork,and they said I didn’t showed up at court, so I’m asking for professional advise , they said that they served me a letter but I haven’t received anything, nor anyone at my house have seen anything like that,

Yelena Gurevich
Yelena Gurevich
answered on Nov 7, 2022

You need a full consultation with a consumer protection attorney that specifically deals with debt collections. Or a bankruptcy attorney. Call one asap.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: How do I remove a old loan lien from a company no longer around?

I inherited a house which was owned free and clear I had a lawyer help me through probate and paid of taxes and everything was put in my name and I have a the grant deed. I recently went for a home loan of credit and they are telling me theres a lien on the house, but the loan company that put it... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Oct 25, 2022

you will likely need to hire a real estate lawyer to review title and all documents and possibly prepare a quiet title action.

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1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: My sister and I are joint tenants of a home. I am in need of money and am thinking of doing a cash-out refinance for

an amount to cover for my share of the home and quitclaim the home to my sister. Should the cash-out refinance and quitclaim occur at the same time? Do I have to pay any taxes for this quitclaim? Thank you.

Yelena Gurevich
Yelena Gurevich
answered on Oct 24, 2022

You really need to consult with a real estate attorney. There are many facts missing to answer your question in this forum. (i.e. is your sister on board with refinancing? do you both, and/ or each, qualify to refinance? who lives at the property? how much are you planning to cash out? and many... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Collections for California on
Q: Is the towing bill (impounded vehicle) not protected by FDCPA in CA?

My car was donated in 2019. I submitted NRL online.

In Feb 2022, a towing company sent me a bill regarding my car got abandoned and I need to pay them to claim the car. The ownership was never transferred. The notice didn't tell what other thing (e.g. dispute, show proof of NRL) that I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Oct 9, 2022

Can you sue for fdcpa? Possibly. Keep in mind the statutory damages are fairly small. This is not a do it yourself matter and you should hire a consumer attorney. Fdcpa allows for attorney fees so most attorneys take such cases on contingency. There may also be fcra violations. All documents would... Read more »

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3 Answers | Asked in Contracts for California on
Q: There was a lien found against a boat I sold 3 years ago. When I sold it I used a broker. Who is liable?

Now the current owners are threatening civil lawsuit eventhough I didn't know about the lien with the coast guard. I had the boat registered thorough the DMV. The broker was the one who looked up all liens against the title.

Yelena Gurevich
Yelena Gurevich
answered on Oct 4, 2022

This will come down to whether you knew or should have known about the lien before selling the boat. Without reviewing all the paperwork it is difficult to ascertain your liability. You may have to hire an attorney to consult with and review the documents to understand your legal position.

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3 Answers | Asked in Lemon Law for California on
Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.

I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Sep 22, 2022

you should gather all your paperwork (from purchasing the documents, to warranties, to report reports, etc) and consult with an auto fraud/ dealership fraud attorney. during the consultation and after full review of your documents, the attorney should be able to inform you of your legal options in... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Dear sir or Madam, I had three months left on my lease and then I sublet my apartment without telling the office.

I unknowingly breached the contract. The new tenants paid the three months, but due to Covid they managed to stay 2 years after the lease without paying. We then went to court. The judge ruled in their favor. Now, the apartment is asking me to cover the rent owed. I am not able to pay it. The... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Sep 20, 2022

It sounds like you are going to need to consult with a bankruptcy attorney to see if you qualify to file chapter 7 bankruptcy and wipe out the debt.

2 Answers | Asked in Consumer Law for California on
Q: I had a debt in 1998 and was renewed 2007 and 2017. Now my wages are being garnished. Can they do this
Yelena Gurevich
Yelena Gurevich
answered on Sep 7, 2022

yes. a judgment can be renewed every 10 years (forever) until paid or possibly discharged in bankruptcy.

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1 Answer | Asked in Real Estate Law for California on
Q: Hi - we recently purchased a home. We found some huge issues that were not disclosed to us before everything closed.

The cost of fixing these issues is over $20,000.00. One issue was with the flooring. We found out that there was a letter that wasn't included in the sale about how the owners had fixed the floor themselves and it was messed up. Our realtor did bring this to their real estate agent and they... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Aug 17, 2022

You will need to consult with a real estate lawyer. Make sure to have all your documents ready to provide to the attorney.

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