Questions Answered by Thomas A. Grossman

Q: Is leaving a dog outside 24/7 illegal?

2 Answers | Asked in Animal / Dog Law for California on
Answered on Sep 17, 2018
Thomas A. Grossman's answer
What your boyfriend's mother is doing is not illegal, but it sure is inhumane. If your boyfriend can't convince his mother to clean up the mess and provide some shade and regular food and water, get a new boyfriend.

Q: My mom wants a roommate. She lives in Cobb in California. (Lake county)

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 17, 2018
Thomas A. Grossman's answer
I don't know if it is legal, but it sounds like a disaster waiting to happen. The new roommate would be underfoot most of the time, with no access to his/her own water and bathroom.

Q: I believe I'm being discriminated against for decorating the common area

2 Answers | Asked in Personal Injury for California on
Answered on Sep 17, 2018
Thomas A. Grossman's answer
Your question is not one of personal injury; it is a question about your rights under the CCRs and other governing documents where you live (I assume you live in a condominium or other PUD). HOAs can be very discriminatory when it comes to decisions about what can and cannot be done with common areas. Usually, an architectural committee makes these decisions. However, the entire HOA may also be voting on what is allowable in a common area. You are probably fighting a few people on the Board...

Q: Do I need to file a silent partnership agreement with the city of Los Angeles in order for it to be legal?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Sep 12, 2018
Thomas A. Grossman's answer
You state you filed your business with the City of Los Angeles, but that does not establish any rights to the business name. Usually, cities simply collect a yearly fee from you because they can. The easiest thing to do is file a fictitious business name Statement with the County of Los Angeles. That allows you to protect your business name (once you have one), and protect it for (I think) five years. You can form a written partnership, but to do it properly usually requires the help of a...

Q: What are California State laws in regards to a business and how much light is needed after dark outside ?

1 Answer | Asked in Business Law for California on
Answered on Sep 10, 2018
Thomas A. Grossman's answer
When the manager said the Sate "cleared them for business," that doesn't mean that they can't be sued for the failure to detect and cure a hazard on their property. It sounds like the lighting was bad enough to be called a hazard, and should at a minimum have had barriers or signs put up in that area. I don't know how badly injured your son was, but if it is bad enough you can sue the company for negligence. I have not seen the sight of the accident, so I can't tell how good your chances...

Q: Do I have legitimate claim to seek personal injury expenses when child inhales chlorine leak from a city pool?

3 Answers | Asked in Personal Injury for California on
Answered on Sep 8, 2018
Thomas A. Grossman's answer
You will probably have to file a claim with the city in order to do so. The City then has to accept or deny your claim. If they deny your claim, you have 6 months to file suit. If you file suit your results may depend on how bad the damages were to your child. If your child recovered quickly, then the City may offer you a settlement including reimbursing your medical bills. If the injury was ongoing, you may be entitled to more damages. Since your child is a minor, you may have more time...

Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on
Answered on Sep 7, 2018
Thomas A. Grossman's answer
I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any facts for me to consider. If you have an attorney, you should consult your attorney about the settlement you want. If you have done nothing more than write a letter to an insurance company, you are probably far...

Q: Can my ex-landlord charge me for his new tenants' rent and hotel costs?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Sep 7, 2018
Thomas A. Grossman's answer
These situations often are somewhat vague. If I were you, I would allow deduction for repair of the carpet, but would bargain about offering another deduction for both hotel costs and rent on the vacated apartment. The risk to you, without knowing all the facts, as that the landlord may simply choose to keep the entire amount of the deposit, depending on how big it is. Try to work out a compromise with the landlord.

Q: The question is should I call the clerk in that department could I come and see the judge now or before my court date

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Answered on Aug 30, 2018
Thomas A. Grossman's answer
You cannot speak to a judge unless you are in Court. The Court Clerk can be more helpful to you.

Q: How do you force a property sale if the mortgage is in one person’s name but it’s deeded to two people (parent/child)?

1 Answer | Asked in Real Estate Law for California on
Answered on Aug 30, 2018
Thomas A. Grossman's answer
The important thing is that both you and your mother share title to the property. If you have to, you can tell your mother that you will either stop paying the mortgage, or that she must from now on pay half of the monthly payments. If she doesn't agree, you will have to bring an action for "Partition." This can be rather expensive, but it is the only way to force the property to be sold, with each of you getting half of the proceeds. If you do this, each of you will need to find a new home.

Q: I accidentally ran over my sisters roommates dog doing less then 5 mph. They are asking me to pay for his vet bills

2 Answers | Asked in Animal / Dog Law for California on
Answered on Aug 30, 2018
Thomas A. Grossman's answer
This is always a tricky situation. Legally, I don't believe you are responsible for the Vet bills, as it was not your fault that the dog was outside, and not on a leash when you injured him. I went through this myself many years ago when I hit a dog that had run out into the street in front of my car, and I couldn't help but hit him. The owners accused me of being responsible for the accident, and I felt guilty and offered to pay toward the Vet bills. Then I realized that this dog was...

Q: Can a state agency require me to purchase a particular brand of software to be able to work with them?

2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Answered on Aug 30, 2018
Thomas A. Grossman's answer
Doesn't sound fair to me, but it is hard to fight the government. Also sounds like a "sweetheart" deal between the DSA and Bluebeam. I don't mean to be negative (yes I do), but just follow the money. Attorney below also has a good suggestion about calling the Association you are a member of.

Q: Can I be sued if I was in an accident and the damages we're $150k but my insurance only covers $50k?

3 Answers | Asked in Personal Injury and Car Accidents for California on
Answered on Aug 30, 2018
Thomas A. Grossman's answer
You didn't mention it, but I assume that you were at fault in the accident. If so, your insurance would pay $50,000 in damages, and represent you if suit is filed. After that, the plaintiff would either pursue you for the balance or not. You might try making an offer of settlement to the plaintiff (or his attorney), and explain your financial situation to him/her.

Q: Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default /Vaca

1 Answer | Asked in Consumer Law, Contracts and Collections for California on
Answered on Aug 27, 2018
Thomas A. Grossman's answer
I can't give a definite answer due to the uncertain facts. I sounds like the defendant did not properly file his Request for Default, and if so that document has no effect. To be sure of the status of your case, I would call the Court Clerk of the Courthouse where this matter is pending, and ask the Clerk if there has been a valid Req. for Entry of Default filed by the defendant. They should be able to tell you the status. You can also look up your case number and see what documents have...

Q: Can the dog breeder take my dog back if they agreed to giving the dog to me for free? What can i do to keep my dog?

2 Answers | Asked in Animal / Dog Law for California on
Answered on Aug 26, 2018
Thomas A. Grossman's answer
I don't think legally you have to give the dog back, since it was a gift to both of you. I would just wait it out and see what happens. It is in your favor that the dog is registered to you.

Q: Exemptions to arbitration clauses

2 Answers | Asked in Arbitration / Mediation Law, Contracts and Consumer Law for Florida on
Answered on Aug 26, 2018
Thomas A. Grossman's answer
Most consumer contracts these days contain an arbitration clause. Usually it is hidden in the fine print. You could try filing a . expensive and faster to get a hearing. The bad news is that if you sue in SC Court and lose, your case is done. Whereas, if you win, the defendant has a right to appeal the decision to a higher Court (Trial de novo in Superior Court).

I have no read the contract, and it appears to be a Florida matter, so I cannot give you more details, as each state has...

Q: Someone just filed a lawsuit against my company, they claim while unloading heavy boxes, but we have proof it didnt happ

2 Answers | Asked in Business Law and Insurance Bad Faith for California on
Answered on Aug 26, 2018
Thomas A. Grossman's answer
Since you have been sued, you must respond to the lawsuit. Be sure you understand what type of lawsuit it is (Small Claims Action, Superior Court action, Worker's Compensation action, etc.). You have 30 days to file a response. If you have worker's compensation insurance on your business, contact them for representation.

Q: Can a lessor demand utilities from a lessee 10 months retroactively when there was never a billing changeover done?

1 Answer | Asked in Civil Litigation and Contracts for California on
Answered on Aug 25, 2018
Thomas A. Grossman's answer
I think the fact that your written lease requires that you pay the utilities might give your landlord an edge. However, you might argue that the landlord never changed over the billing, so you never even got to see what the bills were. Maybe he will split the difference with you.

Q: Can a seller back out of the deal the day of closing after docs are signed and loan is funded?

1 Answer | Asked in Real Estate Law for California on
Answered on Aug 25, 2018
Thomas A. Grossman's answer
Usually not, unless there is a real good reason (like one of the parties just died).

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