Questions Answered by Thomas A. Grossman

Q: I have used a particular set of words in academia and I am interested in using this as a business title.

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 15, 2019
Thomas A. Grossman's answer
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...

Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered

3 Answers | Asked in Personal Injury, Products Liability and Landlord - Tenant for California on
Answered on Feb 14, 2019
Thomas A. Grossman's answer
While it would be inconvenient for you to move, my experience as both an attorney and the owner of a condo is that it is better to just move and find a new place to live. I doubt the Landlord or owner(s) of the complex where you live will change his/her/their cleaning methods without a fight. the Answer below mine is a good idea, but it is difficult to deal with government agencies, especially when your complaint may be the only one. If you can find other people in the complex where you live...

Q: I am trying to find out what type of lawyer I need. Some land was purchased in my name without my knowledge or consent.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 13, 2019
Thomas A. Grossman's answer
I think you need to investigate the matter before you start spending money on an attorney. It is not too difficult to go on the internet and look up the property. The property is apparently located in the County of Shasta. You can contact the County Recorder for Shasta County and see if you can retrieve some documents from them. I don't understand how someone can purchase real property in your name unless they are attempting to perpetrate a scam on you. I would check out the County...

Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....

Q: What are my rights if i live in the home my brother inherited from my grandma and he wants to sell it.

2 Answers | Asked in Real Estate Law for California on
Answered on Feb 13, 2019
Thomas A. Grossman's answer
I assume by your statement that you did not inherit a right to the house. I have not seen the deed, so I can't say for sure. But, if your brother is now the sole owner of the house, he has the right to charge you rent, let you stay, or kick you out. There is not much you can do about that. You are now a tenant in the house, and your rights depend on what your brother wants to do with the house.

Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on
Answered on Feb 12, 2019
Thomas A. Grossman's answer
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.

Q: My dog broke our fence and bit a dog that was provoking it, am I legally responsible for the veterinary bill?

2 Answers | Asked in Animal / Dog Law for California on
Answered on Feb 11, 2019
Thomas A. Grossman's answer
That's a tough question to answer. It seems both parties caused the incident, probably both parties being unaware of the consequences. The neighbors were negligent for not being aware of your dog's personality, and you probably should have built a stronger fence under the circumstances. If I were you, I would try to resolve this matter with each side admitting some form of negligence for their conduct, and you offering to pay at least a portion of the vet bills for the injured dog. Good...

Q: What motion can I file at this point? Originally my mom was being sued by a tenant in common.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Feb 11, 2019
Thomas A. Grossman's answer
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...

Q: I co-signed for bail to get my son out of jail. He was convicted and now serving his time. Do I need to pay the bond.

1 Answer | Asked in Contracts for California on
Answered on Feb 9, 2019
Thomas A. Grossman's answer
I do not know much about criminal law, but I would think that once your son went to jail, you should get the rest of the bond money because the purpose of a bail bond is to keep someone from disappearing out of state. Since your son is now in jail, I think you get the balance of the bail. Normally, bail is set at 10%. Hope that helps.

Q: I rent a room in my landlords home. I installed a locking doorknob when I moved in and I have the only key.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Feb 9, 2019
Thomas A. Grossman's answer
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.

Q: My apartment complex wants to renovate my unit when my lease expires. So, I will be moving out.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 9, 2019
Thomas A. Grossman's answer
It depends on the meaning of "renovate." If they are going to put in new cabinets, appliances, carpeting, tile, fixtures, etc., then I would think they should give you all or part of your security deposit back. If they are simply cleaning the carpets, doing some painting, putting in new blinds, and freshening up the apartment, and it has not sustained a lot of wear and tear while you were there, then I think (just my opinion) that you should get all of your deposit back.

Q: I had my rv parked on private property without the owners knowledge. The owner tows my rv damaging it in the process

1 Answer | Asked in Personal Injury for California on
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I hate to say it but your first sentence is what got you into trouble. You had an obligation to let the owner of the property know that you were using his land for your RV. Also, building a gate and a fence is trespassing on the owner's land. Since I don't know where this all happens, I can't give you any better advice, other than to be sure and find out whose land you are parking on.

Q: I am the defendant in a case where the original judge took a matter under submission.

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.

Q: I have offered on a property with an agent. If I want to bring in a real estate attorney. Would my realtor get paid

2 Answers | Asked in Real Estate Law for California on
Answered on Jan 24, 2019
Thomas A. Grossman's answer
Your realtor would get paid as long as he is competent enough to understand all the wording of the various documents. An attorney can help explain those documents, but he would have to be paid, cutting into your resources. The agents are supposed to do most of the work: Showing the property, listing it, negotiating a price, etc.

The agent would probably make more money than the attorney would, and agents sometimes feel that the attorneys are deal killers, because we often find...

Q: Does a spouse have to sign a deed of trust if it is the sole and separate property of the other spouse in California

2 Answers | Asked in Real Estate Law for California on
Answered on Jan 23, 2019
Thomas A. Grossman's answer
It is probably not required, but the lenders will usually require that both parties sign the loan papers.

Q: Is it ok to go over a lease in Spanish with a new tenant even though the lease is in English?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 16, 2019
Thomas A. Grossman's answer
It is probably OK as long as you and your tenant are sure that you both understand the terms of the lease. You may want an interpreter or friend to be present to do that.

Q: Can an agent working for a broker (First Team Real Estate) sue you for cancelling the listing agreement?

2 Answers | Asked in Real Estate Law for California on
Answered on Jan 15, 2019
Thomas A. Grossman's answer
While the agent is always responsible to the Broker, the answer to your question probably lies somewhere in the listing agreement. Some listing agreements specify that the agreement cannot be canceled for a certain period of time. In my opinion, since the first agent did nothing, she has no grounds to receive any part of a commission. In my experience, most agents will simply forego the commission rather than get into a long, protracted lawsuit over it. I doubt that First Team Realty will...

Q: Ownership dispute with previous roommate

1 Answer | Asked in Arbitration / Mediation Law for California on
Answered on Jan 12, 2019
Thomas A. Grossman's answer
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.

Q: I bought a property with a known encroachment. About 10' corner of my bldg hangs over their property line.

2 Answers | Asked in Real Estate Law for California on
Answered on Jan 9, 2019
Thomas A. Grossman's answer
I am responding to a call from you recently today. I do not handle litigation cases, and I think that is where you are headed. Property law can be very tricky. Since you knew of the encroachment when you acquired the property, that portion of he encroachment would technically belong to the other side, especially if he/they didn't know about the encroachment. You would therefore have to bring a lawsuit against your neighbor and hope that you can find a defect in his title (or in his deed)...

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