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Questions Answered by Thomas A. Grossman
3 Answers | Asked in Animal / Dog Law and Car Accidents for California on
Q: I swerved & hit a tree to avoid a dog leaping from behind shrubbery that hid it from view. No time to stop. Liability?

The dog was very large. It jolted into the street (residential) from behind a wall and shrubbery and therefore was not viewable prior to my car being within several feet of the area where this occurred. I was driving under the speed limit in a late model car. No other animals were in site. There... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 1, 2018

Insurance companies always try to deny a claim if they can get away with it. If an accident report was made for the incident, maybe it contains some facts helpful to you and your claim. For example, if you can determine when you first saw the dog, and how many seconds it took to hit the dog, you... View More

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2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy and Consumer Law for Pennsylvania on
Q: Can I sell my home if I just received papers for arbitration

I am in the process of selling my home closing is set for July 10 I received paperwork on June 30 for arbitration I had no notice and will not be prepared should I request a continuance can they put a judgment against me or stop the sale of my house if no court order has been issued yet what are my... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 1, 2018

I am not a Bankruptcy Lawyer, and what you describe going on does not sound like it has to do with Bankruptcy. It sounds like you have a real estate problem, and the other side has asked for Arbitration. It appears that you are in Philadelphia, while I am in California. So, the law is different... View More

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1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Collections for California on
Q: My parents receive a tax bill and a lien has been put on their 1/3 interest of timberland.

The unpaid tax is on a mobile home that they " purchased" from this neighbor in a trailer park. She never produced the correct paperwork to get it out of her name or into my parents name. My dad ended up murdered a few years later. My mom was unaware of any would be taxed in connection... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 1, 2018

Yours is a complicated question, and a sad situation. There is not much you can do about the mobile home, since it was sold and the Park is closed. As to your parents being hit with a 1/3 tax bill and lien, I think they will have to pay the Bill to get the Lien on the land removed. Without... View More

3 Answers | Asked in Personal Injury and Products Liability for California on
Q: a product i ordered off amazon pulled out two of my teeth, can i have a case to get my teeth fixed

i made sure to fallow all instructions,n no where does it say anywhere or warn you that is product can pull your teeth out, also the package states its not a denture or dental device n that u cant eat with it or chew which i did none of, but on amazon, comments from people talk about using it for... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 30, 2018

I think you should contact the manufacturer of the product, and if they don't speak to you, find out who the manufacturer is and where they are located (i.e. find their mailing address), and write a complaint letter to them. You may have a case against the manufacturer of the product, but I... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: I live in oroville I'm homeless since April 11 due to my rental being red tagged for sewage problem and unhabitable

I have sent certified letter to home owner asking for problems to b fixed or my rent and relocation money.I have gotten no response.my metal state due to all this is not good it has been very hard dealing with all the problems that have come from this I'm not sure what I need to due at this... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 30, 2018

Sorry for what you have been through. Maybe you can find a homeless shelter nearby where you can stay for a while until you can sort things out. There are some things that attorneys simply cannot help you with. Good Luck.

1 Answer | Asked in Real Estate Law for California on
Q: My Realtor called me to say that her Broker told her that the percentage we agreed upon was repelling buyers.

She now wants to change the agreed upon percentage because other realtors won't show their clients my home. Isn't that against the law? I feel I am being strong armed.

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 29, 2018

I assume that you mean that the commission split between you and your realtor is now not acceptable to the Broker, who wants you to lower the amount of commission they split. I am in California, and under California Law the rules usually favor the client. It doesn't sound fair, but you may... View More

1 Answer | Asked in Contracts for California on
Q: If 2 out of 4 defendants were properly served, can I file motion to compel discovery on these 2. This a breach of contra

ct case and I ws told in those type of case the defendants who were served must repsond to discovery requests. Thank you.

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 29, 2018

Yes. You can serve discovery on the two defendants that have been properly served, but you have to wait a certain length of time (I think it is 20 days before you can serve discovery). At some point, if the other 2 defendants have not been served in a timely manner (or voluntarily answered the... View More

1 Answer | Asked in Business Law, Intellectual Property and Trademark for California on
Q: In regards to food, can I use a branded product as a main ingredient for a recipe?

For example, can a business use a cereal (like Honey Nut Cheerios) as a main ingredient when making ice cream? Can the ice cream flavor be labeled as Honey Nut Cheerios?

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

I think you can use any product you buy as an ingredient in a food product, especially if it is your own recipe. As to calling the final product the same name, you me get yourself in trouble there, as the name may be trademarked.

1 Answer | Asked in Real Estate Law for California on
Q: Is there a civil code stating my HOA is not required to submit original voting documents for amendments to our C&Rs?

An amendment was made to our CC&Rs giving responsibility back to the homeowner's for care and maintenance of portions of backyard slopes. my property is the only one in my tract that has a v-ditch running down vertically from above the top of my property and connecting with a horizontal... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

You should demand a copy of the amendment and the voting record from the HOA to be sure that they had enough votes to pass the amendment. I think this kind of amendment must be approved by a majority, or even a 2/3 vote of the Homeowners to be approved.

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Can my extended warranty be used without my permision to fix problem that was the sellers responsbility to fix

As part of my contract the Manteca car dealership was supposed to fix a noise which turned out to be the differential. The ford dealership where I bought my 2012 BMW ordered a differential from a Modesto BMW dealership and had them install it. After a month delay, I finally got my car back with... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

You can try calling the Ford dealership and speaking to the owner. Tell him you should have that $3,700 for the repair restored to your warranty. If he denies your request you can always take him to small claims court. They should also have fixed the leak.

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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Is the coroner responsible for finding the next of kin to pick up the body after the autopsy?

The coroner released my husband's body to another family member 17 days after his death. I had been making arrangements with a funeral home, filled out paperwork for death cert etc. Then I found out that his body had been released already! I am his wife. Shouldn't I have been notified... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

I'm sorry but I don't the policy as to the obligations of Coroners to release a body to a specific person. It is a shame that it happened the way you describe it, but there is not much you can do about it now. Perhaps you can speak to the Coroner and to the family member who received... View More

1 Answer | Asked in Real Estate Law for California on
Q: A real estate agent used the HOA management w/o boards knowledge/approval to get houses painted. Did they violate laws?

They falsely identified themselves as part of a HOA committee and had the management company send letters out to get house unnecessarily painted. In the letter it stated certain paint colors and one particular paint to use. It is believed that it was an attempt to affect the property values in... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

It sounds like a fraud. I assume that one of the units painted was yours. Someone needs to notify the HOA and the Board that this was a scam (assuming it was a scam) and that the HOA should find out who these people are and why the Board did not know about this. Then again, if the Board knew... View More

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I am in a 3 year lease in a shared space where the landlord uses the other half of the office for her business.

When I moved in she had cats in my portion of the space but was willing to move them out to lease the space to me. She ended up only moving the cats to her side of the office and hasn’t gotten rid of any. There are 6 cats and it is embarrassing with clients and not professional. I did not ask to... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

If she continues to allow the cats to invade your space, you probably have grounds to break the lease or rental agreement (whichever you have) because she has failed to follow the agreement as to the cats. Good Luck.

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Oklahoma on
Q: Is there a simple form to ask the court to order return of personal property held by someone?
Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

There is no simple way to use the Courts. You would have to file a civil complaint against the person who has refused to return your personal property. The easiest thing for you to do is file a small claims action against the person. It costs only about $20 (in California) to file, and the... View More

1 Answer | Asked in Business Law for California on
Q: Can I sue if a restaurant if I was harassed until I gave him an answer if I was a transsexual or not & I am not.
Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

Probably, but I doubt you would get much in the way of damages. Now, if you were refused entry to, or service from, a restaurant because of your sexual orientation, that would be a civil rights matter. My answer depends partly on who the person was who harassed you. If it was the owner or... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: How long do you have to file a motion to set aside a default judgement after the entry of judgement
Thomas A. Grossman
Thomas A. Grossman
answered on Jun 27, 2018

Generally 6 months, if the failure to cure the default judgement was the result of mistake, inadvertence or neglect. The 6-month period starts to run from the day you receive Notice of the Default Judgment. I suggest you file your motion ASAP. Also, hopefully you can convince the Judge that your... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: If i have a will do i still include siblings on petition for succession of real property?
Thomas A. Grossman
Thomas A. Grossman
answered on Jun 27, 2018

I am a little confused. A Will comes into play when the testator of the Will dies. A petition for succession of real property deals with how property is distributed after a person dies. If you have a will, it should specify who the beneficiaries are. If you are still alive, you would not be... View More

1 Answer | Asked in Real Estate Law for California on
Q: If a realtor lists and sells his own property, does he need the residential listing agreement executed before listing?

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Thomas A. Grossman
Thomas A. Grossman
answered on Jun 26, 2018

Probably not. Broker must sign all documents, and I am not sure an "implied" RLA will do the trick. I would check with the California Bureau of Real Estate (soon to be the California Department of Real Estate, again). They could probably better answer your question.

1 Answer | Asked in Real Estate Law for California on
Q: We are supposed to close escrow on 6/28 buyer is requesting extension until 7/13 we requested 7/10 since we are going

Out of state on the 11th. Her realtor says bank says it will not close on the 10th can we legally walk away? We are in california

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 26, 2018

Since the Buyer is the one requesting an extension beyond June 28, you probably could walk away from the deal if they and/or their brokers fail to extend the closing date to a more convenient date for both all both parties. You should get that into the escrow as to an escrow amendment so everyone... View More

1 Answer | Asked in Real Estate Law for California on
Q: If leaving a lease early - am i fiscally responsible for the days it takes for the property to turn over/cleaned?

We had a lease ending August 7, and we advised our leasing company we will be out the 1st of July. They told us either we find replacements or are responsible for rent through the end of lease. We secured multiple applicants - including some that could move in immediately after July 1 - they chose... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 26, 2018

I can't tell you for sure, but it is possible that it does take the rental company a several days or more to locate and accept the appropriate new tenant. Perhaps you can ask the landlord to split the difference with you. Good Luck.

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