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Questions Answered by Thomas A. Grossman

1 Answer | Asked in Business Law and Contracts for California on

Q: Do I still have to pay a membership for a gym that already closed.

A gym I was a member of closed at the beginning of this year without warning. That gym also switched everyone who attended that gym to a different local gym. I’m now stuck paying a membership for a gym who I never signed any contract for. Is this legal?

Thomas A. Grossman answered on Jun 24, 2019

Unless you have a signed contract with the gym in question, I don't believe you have to pay for a gym membership. I would suggest not paying membership fees. I doubt they will try to sue you for it. Good Luck.

1 Answer | Asked in Business Law and Civil Litigation for California on

Q: Hello, quick question. Is BUSINESS AND PROFESSIONS CODE SECTION 21660-21669.1 a state code?

Thomas A. Grossman answered on Jun 24, 2019

To my knowledge, all of the codes in California are State (i.e. California) codes. The Code you referenced appears to be a section of the California Codes which references multiple State codes (i.e. 21660 through 21669.1). Hope that helps.

1 Answer | Asked in Real Estate Law for California on

Q: Got a letter to terminate my tenancy under section 1949 (until July 19) . can I leave b4 30 days since I paid 4 June

Paper serve June 19 and I paid for June rent, so can I leave before the July 19 deadline.

Thomas A. Grossman answered on Jun 20, 2019

It is hard to tell from the information that you gave what kind of tenancy you have. Assuming that you have 30 days to move out, and that you gave the landlord a security deposit, the main question may be whether or not you get your security deposit back. Landlords love to find excuses for not... Read more »

1 Answer | Asked in Real Estate Law for California on

Q: Can we sue a realtor for false information about a seller accepting our offer and terms?

We asked a realtor through email about a seller offering seller financing. The realtor said yes and so we submitted our loan approval and contact to the realtor and never heard back from the realtor.

Thomas A. Grossman answered on Jun 9, 2019

It sounds like the Realtor was waiting for the best offer, before he/she accepted the financing. While that is not a very professional way to operate, I don't think you can sue the Realtor unless he/she went forward with the offer without telling you. I would call or write the Realtor and demand... Read more »

2 Answers | Asked in Contracts and Small Claims for California on

Q: I had an agreement with a former classmate of mine to help fund his start up business.

I loaned him an amount in expectation of getting a monthly payment after his business got off the ground. The month came to when we agreed he had to start paying it back with interest and he never did. Can I sue him for the principal investment plus the interest we agreed upon? Also I have the... Read more »

Thomas A. Grossman answered on Jun 8, 2019

Unfortunately, without a signed agreement it is more difficult to convince a person to pay back money he or she owes you. The emails help somewhat, as that confirms that an agreement was reached, even if it was not signed. Also, the mere fact that he acknowledges the debt is helpful. I would... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: Who has the legal right to initiate a 60 day to vacate?

How do I know if the 60 day notice to vacate property is legit if I haven't been informed nor has it been mentioned by my landlord/owner of property and the notices I have received were not signed by the landlord nor anyone else

Thomas A. Grossman answered on Jun 4, 2019

If you have a lease, then you should be given 60 days notice to vacate the property. Only an original, signed Notice is valid. If you only received unsigned copies, they can be ignored. I would point this out to the Landlord and make him give you another full 60 days before vacating the... Read more »

3 Answers | Asked in Contracts for California on

Q: My father passed away in January. I found his life insurance policy from Seaboard Life Insurance. Still active?

I would like to know if the policy has lapsed or what the status of it is.

Thomas A. Grossman answered on Jun 2, 2019

I suggest you call the Life Insurance Company and ask them about the policy. There are lots of different forms of life insurance (short-term, long-term, etc.).

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for West Virginia on

Q: I bought a home 10/2018 cash, personal money. I put my g/f's name on title/deed with me. Can I have her taken off?

She has/had $0 income nor input into home.

Thomas A. Grossman answered on May 24, 2019

Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up showing that she... Read more »

1 Answer | Asked in Real Estate Law for California on

Q: Does buying a property at a tax sale also wipe out all past HOA dues/liens?

Tax Code 3712 applies

Thomas A. Grossman answered on May 23, 2019

Generally speaking, the only liens that are eliminated are those that are recorded on the deed or trust deed.

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for California on

Q: CAN A LIZ PENENCE BE FILED AGAINST PROPERTY IN AN LLC THAT IS IN DISPUTE

A LAWSUIT HAS BEEN FILED FOR ELDER FINANCIAL ABUSE. IF THE PROPERTY ASSETS ARE FROZEN WHO DO THE TENENTS PAY RENT TO

Thomas A. Grossman answered on May 23, 2019

Without knowing all the facts, I would assume that rent payments should be put in a trust at the bank, to be released when the final results of the court hearing are known.

2 Answers | Asked in Arbitration / Mediation Law on

Q: Good afternoon! During which time does the judge make the decision after completion of submission of all petitions?

Thomas A. Grossman answered on May 23, 2019

It generally varies depending on the Arbitrator, how much evidence is presented, how long her/she spends analyzing the facts, how many witnesses and parties were involved in the Arbitration, etc. Expect at least a week, or longer for a complicated case.

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on

Q: Hello, what type of document would be necessary for a lawyer to oppose conservatorship in CA law

N/A

Thomas A. Grossman answered on May 18, 2019

Your question is somewhat confusing, but I will try to sort it out. I am assuming that you are looking for a lawyer to oppose a conservatorship (or a conservatorship proceeding). If the person in question still has his/her faculties, and does not appear to need a conservatorship, then it would... Read more »

2 Answers | Asked in Contracts for California on

Q: A Sacramento attorney has filed a judgment against me claiming I owe him $22,000 for services rendered in 2012.

I have repeatedly requested a full accounting of showing hours worked and what I am being billed for. The attorney has never sent to me either via email or USPS an accounting of the supposed hours he worked on my (divorce) case. I am at a quandary. We return to court in July where he is requesting... Read more »

Thomas A. Grossman answered on May 14, 2019

I don't know where you live, but most courts in Riverside County (where I live) require that an attorney must first must first mediate the issue of fees in a mediation or arbitration. If the County where you live follows this rule, then you should bring it up in Court if you haven't already done... Read more »

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1 Answer | Asked in Contracts for California on

Q: Job offer

Hi there, So two weeks ago I accepted an offer for an internship and signed an offer of employment letter. It was contingent on a background check which was in process, a drug screen which I haven’t done yet and signing other confidential agreement forms. But just today I was offered a... Read more »

Thomas A. Grossman answered on May 8, 2019

You are technically obligated on your contract(s) (which I have not seen), so it simply depends on how nice they are. Since you haven't started work yet, that is in your favor. But your change of mind on the new job will not be pleasing to the existing employer. You may not pass all the... Read more »

1 Answer | Asked in Real Estate Law for California on

Q: Can a Condominium complex charge me a late fee for a parking permit when there was no notice of late fee charge?

Parking in the complex is $80 a month. Been paying that fee for months and today I tried to pay and they tried to charge me a $20 late fee when this is the first time a late fee has been implemented and there was no notice that a late fee will now be charged

Thomas A. Grossman answered on May 7, 2019

From my experienced as a lawyer, and living in a condo complex for 40 years, it seems that HOAs can do whatever they like. The Board is always supposed to give Notice of any change in the rules to all members of the HOA. You are lucky, as your dispute is (for now) only over a $20 late fee. I... Read more »

1 Answer | Asked in Contracts for California on

Q: How can I register a car that requires bill of sale which I don't have, besides pink slip which I do have?

Bought a car from a private party, received car pink slip and smog test, but can't register it because the title instead of having signature of current owner it says check b/s which I don't have and I can't reach the seller anymore. Should I call the police?

Thomas A. Grossman answered on May 3, 2019

I don't think you need to call the Police. I think you need to contact the closest DMV office, explain the problem, and see if they have a form that you can sign.

2 Answers | Asked in Business Formation, Business Law and Products Liability for California on

Q: If a dealership forgets to charge your down payment and you signed the contract already do you need to pay them?

I recently got a car and was putting down $2,000 as down payment but the dealership forgot to charge me the down payment but instead charged me everything else for the car. We signed the contracts already and everything was a done deal. Do I need to go back and give them the money they forgot to... Read more »

Thomas A. Grossman answered on May 2, 2019

You might want to check to see if the dollars added up. They may have included the $2,000 down payment in the total price of the car, without noting it in the paperwork.

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1 Answer | Asked in International Law, Admiralty / Maritime and Tax Law for California on

Q: Can duties & tariff be added 5-months after the shipment arrived at US port and merchandise sold.

Thomas A. Grossman answered on Apr 24, 2019

I assume there was a shipping receipt or written contract somewhere in this transaction. Reading the contract may answer your question. Transfer of title is a very complicated subject. I would seek help from a Maritime attorney in your area.

3 Answers | Asked in Personal Injury for California on

Q: Can I sue for the emotional distress of a four year affair in which I was lead to believe she’d leave her husband

There were never divorce papers filed

I was threatened with false allegations of physical harm if I investigated/exposed the truth ( documented )

She threatened suicide if I exposed the truth. I called police ( documented )

I myself am entering trauma center

I now am... Read more »

Thomas A. Grossman answered on Apr 24, 2019

Your first mistake was having an affair with a married man. Morally you are at fault for all of your problems. I am sorry you are going through all of this, but I don't think justice is on your side here.

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3 Answers | Asked in Real Estate Law, Tax Law and Probate for California on

Q: I live in my Sister's house for 15 years. My sister died and left no will but agreed to leave it to me. Help!

The county wants to auction the house for unpaid taxes. I am a veteran and on a fixed income. I want to stop the county from selling the property which I consider mine because my sister left it to me if not legally then orally. What can I do?

Thomas A. Grossman answered on Apr 24, 2019

Unfortunately, an oral promise concerning real property is invalid. The deed to the property must have your name on it for you to claim an interest in the property. Be sure there is no Will from your sister. She may have drafted one and you don't know about it. Good Luck.

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