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Questions Answered by Thomas A. Grossman
3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: If a person was raped as a child from ages 5 to 11 by there brother and are now an adult can they do anything about it

Their mother knew about it and they have been told that it happened so long ago theres nothing that can be done

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 12, 2018

Probably. Various states have different statutes of limitation for these "crimes." You can go to the internet and type in "California Statutes of Limitation" to find out what the rule is in California.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I live in Los Angeles and have been in a 13-mo which ends in Aug. How much notice do I need to give my roommate?

I have given my landlord more than 30 days notice that I will not be re-signing but my roommate wants to resign and is now saying that I need to find her a new roommate as she needs to re-sign immediately. Am I some way legally responsible for whomever she signs with next?

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 11, 2018

You are not legally responsible for her if she wants to leave, but you might be morally responsible for her to help her find a new roommate. Then again, she can find a new roommate by herself as long as she does it fast.

1 Answer | Asked in Real Estate Law for California on
Q: Regarding Real Estate contracts . How does a FSBO respond to a contract with Buyers agent? What

Selling house by owner. Apparent we know little. Paid buyers agent 20% commision but she said she only represents the buyers and asked us to sign a contract to agree we understood. I wAS TOLD later that realtors need to provide info to both parties. ????

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 11, 2018

Real Estate agents (Realtors) usually split their share of the commission 50/50, and the Broker (all agents work for Brokers), might take 50% of the remaining commission (using this as a simple example). An agent taking a 20% commission is OK, so long as it is 20% of the total commissions to be... View More

1 Answer | Asked in Business Law for California on
Q: Hi , iam a small buiness in california ( sole proprietorship ) i have not obtained my workers composition yet

I recently had a guy that is not a full time worker for me , he came to work the other day and said he had triped over a branch . I just need advice in what to do ? He only has been working with us for 3 days . I dont know if he had been hurt from his knee previously

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 11, 2018

The answer depends on a lot of things: Whether he was an employee, a part-time employee, or an independent contractor; whether he was at work or someplace else when the accident happened. If he tripped over a branch at home, that would not be a worker's compensation claim. If he tripped... View More

1 Answer | Asked in Arbitration / Mediation Law on
Q: I won a arbitration case, the company is refusing to comply with the award.They are taking it into review? Whats next

The ccma award was announced monday, but the company is refusing to sign. Is it going to labout court or what does rewieving a case mean?

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 11, 2018

I assume based on California Law that the company is asking the court to reconsider or overturn the Arbitration Ruling. It is not common for courts to overturn arbitration rulings, barring outright (extrinsic) fraud or obvious ethical violation by the Arbitrator. I think the Court may accept or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Hello. I informed my lanlord I cannot pay my rent until the 14th. I was just told to expect eviction.

I'm on a 12 month lease, never have been 2 weeks late and explained it was due to unforseen circumstances.

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 11, 2018

I don't know why your landlord would make such a big deal out of being a couple days later. However, many landlords (i.e. most landlords) develop a superiority complex and think they can push their tenants around. Most of the time, they end up doing stupid things. I had a lease on a Law... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: If a cat is left in your possession for 9 months and you give them 30 day notice your keeping it. Is that’s stealing?

I was living with a friend and her mother in a three bedroom home. One of the mothers friends and her friends daughter became homeless and left the cat at the house I was living in. The cat took shelter in my room. Never leaving. I took sole care of the cat for 9 months. Which they were aware of.... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 11, 2018

I think the fact that you were left with the cat; that you gave notice to the owners; and that they never came to pick it up, gives you possession of the cat. It may be a close call, but the "owners" would have to go to Small Claims Court over this, and I doubt that they would. If the... View More

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1 Answer | Asked in Employment Law for California on
Q: My vacation accrual was maxed out.Then there was a vacation freeze for project I was on.Do they owe me the time lost?

I was one of the leaders of the project, had no time to take vacation regardless of the freeze imposed by the company and the project. I worked substantial weekends and holidays out of the country for the project on top of losing the accrued vacation for over a year. I just finally took a... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 10, 2018

I don't know how much vacation time you were offered, so I cannot answer your question. If it was cumulative time, you should be able to claim all of it as vacation time. I would read your contract with your employer, if you have one. It may clear this up.

2 Answers | Asked in Animal / Dog Law for California on
Q: My dog got loose and jumped on a neighbor. No bite, no scratch. But neighbor claiming emotional distress. Can they sue?
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 10, 2018

There is no way to tell how people react to a dog coming at them. Some people are scared; others brush it off. If the dog knocked your neighbor down, he/she might have a claim. It all depends on legitimate his/her emotional distress is. If your neighbor was not hurt, and incurred no medical... View More

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1 Answer | Asked in Contracts, Employment Law, Products Liability and Constitutional Law for California on
Q: Can you help me understand these, California Business and Professions Codes? 7107, 7108, 7109(a) and 7113?

I read the codes; but having a hard time understanding what it actually means, since I don't recall going against these so called violations.

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 10, 2018

If you read the code provision carefully, you will find that each one states one or more grounds for disciplinary action against a contractor (e.g. abandonment of a project without cause). You can go online and look up a website called "Find Law." You can access all the codes under the... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Can arbitration awards include attorneys fees?
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 9, 2018

It depends on the State and Court where the proceeding is pending. There are many factors that go into when attorneys fees are awarded and for how much. Since I practice law in California, I suggest that you direct this question to a New York attorney. Good Luck.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Once a court has issued a decision, can I request to arbitrate it if I don't agree with the outcome?
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 9, 2018

I am not sure of some things. What kind of Arbitration are we talking about? Is their a lawsuit filed? In California, where I practice, the Court will often send a case to Arbitration, but the agreement may be that the Arbitration is not binding. However, most Arbitrations are binding, as that... View More

1 Answer | Asked in Civil Litigation for California on
Q: For 17 years harassment from my next-door neighbor. I would like to stop it.

My next-door neighbor moved in in 2001. Since then his whole families were like an organized crime family constantly harassing my mother and me. With my mother's passing last July, I have my first marriage with an adult stepdaughter. This neighbor continues to harass us. I have been treated by... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

You have done the right thing in filing a temporary restraining order. Unfortunately, the offending person or persons on the TRO (known as the Respondent) will usually lie in Court. At the hearing on the temporary restraining order, the Judge (or a Commissioner) will have each party testify. You... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Small Claims for Mississippi on
Q: If a new trailer is sold without brakes, do I, the buyer, have any recourse?

Manufactured 2015, purchased 2016, tandem trailer with axles > 2000lbs gvw each was sold to me without brakes (unbeknownst to me). Is there any course of action I can take with the dealer (to get the brakes installed at least at their cost, perhaps)? What would be the legal recourse?... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

When you buy a trailer or any similar product, you should always do so by getting a written contract. You then need to read the contract and see what you are buying, and if it matches what you thought you were buying. If it does not, you should not sigh it. If there is no written contract, then... View More

7 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can I close my work injury lawsuit at anything if I wish not to proceed?? Can a settlement be set at a Deposition
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

If you have a lawyer representing you, you might owe him or her some fees for the time put in the case. If you are handling the claim yourself, you probably can drop the case at any time if you want to. A settlement and a Deposition are two different things. I assume you are talking about a... View More

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1 Answer | Asked in Real Estate Law and Estate Planning for California on
Q: I am joint tenancy on a house with a family who is termal Iill. The house automatically goes to me ? But he doesn’t

Have a will. who will get his personal property that belongs to my uncle that is in and on the property?

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

I have already answered your question once. You now state there is a "family" in the house. As I stated earlier, the house is yours when your Uncle dies, as long as the deed shows that you are joint tenants with only your Uncle. The distribution of personal property when a person dies... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: While walking my protection trained GSD, people often touch the dog without asking. What are my rights in this case?

I don’t want people touching my dog without permission, and sometimes not at all. But people are quite often confrontational about their perceived “right” to touch my animal.

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

Most people love dogs, so I am not surprised that they would want to pet your dog. And, most people will probably ask your permission to pet your dog. If people pet your dog without asking your permission, ask them politely not to pet your dog. I believe mot people will respect your wishes.

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1 Answer | Asked in Real Estate Law for California on
Q: My uncle and I have joint Tenancy on a house.He is terminal Ill . when he passes away the assest he owns in and on the

Property Belong to the house that have the joint owner

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

Assuming the deed to the real property shows that you and your Uncle own the house as "joint tenants." When your Uncle dies, you will automatically own all of the house. However, your Uncle's personal property does not automatically transfer to you. That depends on whether or not... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: My dog attacked neighbors cat in our enclosed backyard.Cat bills significant and cat died.Dog had bills too.Am I liable
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 7, 2018

If the cat was in your backyard when your dog attacked it, I would guess you are not responsible for that. Many cities have leash laws, but I believe you don't have to keep your dog on a leash when it is in your backyard. If that happened on the street, with your dog running around, that... View More

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1 Answer | Asked in Real Estate Law for California on
Q: Can we continue staying in our rental property post giving a notice of vacating?Unable to extend as deemed for renovatio

Our lease with our current rental property that we stayed in for 3 years was up on 24-Jun,18. Since we did not get our new home closed by then, we renewed the lease on a month to month basis, until 24-Jul,18. We also gave them a notice that we will be vacating by 24-Jul,18.

However, our... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 7, 2018

It may be that the owners of the property have their own plans for he house, and might have their own timeline to meet. It would be nice if they would give you the extra two months, but the probably have the right to get you out at any time if they properly served you with a 3-dan Notice. If you... View More

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