Questions Answered by Thomas A. Grossman

Q: If you rent a mini storage unit and their hours of operation are 7 a.m. to 7 p.m. can they limit your time to 2 hours?

2 Answers | Asked in Contracts for California on
Answered on Apr 12, 2019
Thomas A. Grossman's answer
I don't see how the storage company can limit your time at all, unless there are too many people running around. It's your right to have time to spend in your storage unit.

Q: My lawyer just quit on my case asking to dismiss without my consent

2 Answers | Asked in Contracts and Civil Rights for California on
Answered on Apr 11, 2019
Thomas A. Grossman's answer
Your lawyer can ask the court to allow him to withdraw from the case. Usually, there must be grounds for that request. However, most attorneys simply state in their request to be relieved from the case that there are unresolvable differences between you and your lawyer. I suggest you find another lawyer.

Q: background actor won't sign release form for video?

2 Answers | Asked in Contracts and Entertainment / Sports for California on
Answered on Apr 8, 2019
Thomas A. Grossman's answer
I practiced intellectual property law for several years. The general rule is that if a person in the background of a movie scene is unrecognizable, they probably cannot sue for anything. However, the company's promise to send him a contract complicates matters somewhat, and could come up in Court as question of fact. He could sue the company, but I don't think extras make a whole lot of money, so I don't think he would collect very much. I would offer him, or his attorney, a two or three...

Q: Can a text message be use as a promissory agreement.

2 Answers | Asked in Contracts for California on
Answered on Apr 5, 2019
Thomas A. Grossman's answer
If the promise to pay you was verbal, it may be difficult to get the payment. If he signed an email and sent it to you, promising to pay you back, then you should confirm his promise and the terms of the payment.

Q: Can I be charged a storage fee if I said I moving out on a Monday but did not come get my things until that weekend

2 Answers | Asked in Contracts for California on
Answered on Apr 1, 2019
Thomas A. Grossman's answer
While a minor cannot legally enter a contract in California until he is 18, any contract (including a verbal contract) would be void. However, since you are now 18 they can probably request that you pay some storage fees. I would bargain with them if they give you a hassle about it. Good Luck.

Tom Grossman

Q: How do I locate information about a specific state case law that was based on my case in California Civil Court?

3 Answers | Asked in Personal Injury for California on
Answered on Mar 30, 2019
Thomas A. Grossman's answer
If you know the name of the case you can look it up on the internet in "Find Law." However, you must know the exact name and date of the case (e.g. Jones v. smith, 1990), and the case citation (e.g. 24 California 145 at page 230).

Q: I am in the framing business. How long do we have to keep completed orders that haven't been picked up?

1 Answer | Asked in Business Law for California on
Answered on Mar 30, 2019
Thomas A. Grossman's answer
When you said you were in the "framing business," I assumed you meant house framing. I now understand that you frame works of art. I think that, because you have a disclaimer at the end of your invoices as to the length of time you must hold onto those invoices (and/or the artwork), you should make one last call to each of your clients that are either owed money or owe you money. Give them two weeks to respond. If they don't, I would donate the art to a charity. Depending on many pieces we...

Q: can i sue my realtor and the seller to pay for my roof leaking?

2 Answers | Asked in Real Estate Law for California on
Answered on Mar 30, 2019
Thomas A. Grossman's answer
I suggest you sue the seller and the roofing company. And, if your realtor knew of the problem, you should sue her too. Depending on the escrow papers, you may have to have a mediation and arbitration before you can file a lawsuit. If neither party signed the clause requiring an Arbitration, then you can go directly to the Courts.

Q: Can I file a motion to compel arbitration after the plaintiff has sent a request for discovery? Re: debt collection

1 Answer | Asked in Arbitration / Mediation Law and Collections for Kansas on
Answered on Mar 29, 2019
Thomas A. Grossman's answer
Probably. But you will probably need to coordinate the timing with the Court. You also must be in a Court that allows you to compel an arbitration hearing, or have a contract that has an arbitration clause in it.. Since I don't know what documents are involved (e.g. is there a contract with an arbitration clause in it). That's the best I can do.

Q: I am under contract to frame a house, the representative of the owners has asked me and my employees not to perform

1 Answer | Asked in Contracts for California on
Answered on Mar 19, 2019
Thomas A. Grossman's answer
I would speak to the representative of the owners and let him know that you must continue the work since you are under contract, or in the alternative the owners must provide you with a written statement that the owners are terminating your contract, and that you and your employees are not responsible for any delays or problems caused by the owners' breach of contract.

Q: I did not receive my paycheck on payday. My union contact says I am to be compensated.

1 Answer | Asked in Contracts for California on
Answered on Mar 19, 2019
Thomas A. Grossman's answer
Call your Union contact and ask for an explanation.

Q: If given a UD Feb 1st, and i already responded to it. However I've called there is still no court date. Can I sue them?

2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Answered on Mar 18, 2019
Thomas A. Grossman's answer
You need to find out why there has been no court date set for your unlawful detainer. perhaps the party filing the UD has postponed the hearing date. If so, you can file your own claim against the plaintiff in the same Court. IT's called "defendant's claim." Again, timing is everything. Be sure that there is time to file your claim.

Q: If I been given a UD filed Feb 1st, 2019, but still no court as of yet. Can I still sue them in small claims court?

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on
Answered on Mar 18, 2019
Thomas A. Grossman's answer
I don't understand your statement of "No Court," which I assume means there has been no Court date set. You need to go on the internet and find the nearest Court in your County. Then log in to that Court Website and look for a case number. If you received papers from the Court you probably have a case number. Be careful of the timelines, as you need to show up the hearing if the UD has been scheduled.

Q: I live in a mobile home park. I received a 3 day notice last month, I paid my rent within the 3 days.

1 Answer | Asked in Real Estate Law for California on
Answered on Mar 18, 2019
Thomas A. Grossman's answer
The answer may depend on whether or not you have a lease. Landlords generally cannot terminate your lease without at least 60 days notice. Try pointing this out to your landlord, and ask for more time. Good Luck.

Q: Should I accept a $2k settlement or proceed to arbitration in a substandard bathroom remodel complaint against Lowe’s?

2 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for Kentucky on
Answered on Mar 17, 2019
Thomas A. Grossman's answer
I would take them to the nearest Small Claims Court and ask for damages for $5,000. if you lose, you cannot appeal the Court's decision. If you win, the defendant (Lowe's) can appeal the decision and ask for a trial "de novo" (a new trial). Or you can file a civil lawsuit and serve it on Lowe's. The mere filing and serving the lawsuit might force them to up the ante.

Q: My HOA is voting Yes/No to purchase EQ Ins. if a majority of Home Owners vote No, what are the HOA Board obligations?

1 Answer | Asked in Real Estate Law for California on
Answered on Mar 16, 2019
Thomas A. Grossman's answer
The simple answer is that, assuming that the vote should be decided by all members of the HOA. If the response of the voting is a "no," you can always purchase separate Earthquake insurance to protect your personal property and other assets. I agree that all HOAs should have earthquake insurance to cover the buildings and common areas. But, not all owners want to spend the money.

Q: if my contract has a mandatory mediation and arbitration clause and my attorny fails to do so is it considered

1 Answer | Asked in Contracts for California on
Answered on Mar 15, 2019
Thomas A. Grossman's answer
Assuming that you are talking about a real estate purchase contract that has a mandatory mediation/arbitration clause in it, and both parties have initialed those clauses, your attorney should represent you at those hearings. if he doesn't want to do that, you should get another attorney. I would also not pay the attorney any more money. Good Luck.

Q: Bicycle accident premises shopping development; 4-inch drop on cement pathway where elsewhere similar pathways none

4 Answers | Asked in Personal Injury for California on
Answered on Mar 6, 2019
Thomas A. Grossman's answer
I would need more details of the accident to give you an answer at this time. I would need to know:

Where (in what City) the accident occurred?

What part of the premises of the development were you on at the time of the accident?

Was there a painted yellow line just before the cement walkway where you fell off the bicycle?

Where you riding carefully when the accident happened?

Did you fill out a claim form after the accident; If so, who did you direct...

Q: I've been paying rent through my building's autopay for years and now they want backpay for years of "raises" What now?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 2, 2019
Thomas A. Grossman's answer
Technically they can't ask you to pay past rent unless you had notice of that from the date the rent was raised. Proper notice would have been sending a notice to you about the new rent. You can accept it or you can fight it. My guess is that, now that you know they have raised the rent, it is your choice to stay there or pay the new rent. I would nonetheless complain to them about how they handled this matter. They are partly at fault for waiting two years to let you know about the new...

Q: Can a business who is limited to sue in small claims court for only $5,000 sue for $10,000 in California?

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for California on
Answered on Mar 2, 2019
Thomas A. Grossman's answer
In California an individual can sue for up to $10,000 on a personal matter, but is limited to $5,000 on a business matter. You can learn a lot more by using the internet to find the Small Claims Court in the County where you live; logging in to their website, and reviewing the information on Small Claims Court.

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