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Questions Answered by Thomas A. Grossman
1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Landlord - Tenant for California on
Q: As a owner of a private business,Can the side walk venders set up on my property?
Thomas A. Grossman
Thomas A. Grossman answered on Apr 22, 2019

It is my understanding that sidewalks in front of stores are open to the public. However, if someone is operating a business right in front of your business, and is blocking the sidewalk or simply being annoying, I think you can report it to the City or even call an officer to remove the offending... Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: a litigation involving significant drafting errors in a mortgage/property note,would fall under contract or real estate?
Thomas A. Grossman
Thomas A. Grossman answered on Apr 22, 2019

It sounds like it would fall under both categories. Real Property issues and mortgage/finance issues almost always go together. If the drafting errors were bad enough to alter the terms of the mortgage/contract or note, then the party or parties responsible for the errors should be the ones at... Read more »

2 Answers | Asked in Contracts for California on
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?
Thomas A. Grossman
Thomas A. Grossman answered on Apr 12, 2019

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.

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3 Answers | Asked in Contracts and Civil Rights for California on
Q: My lawyer just quit on my case asking to dismiss without my consent
Thomas A. Grossman
Thomas A. Grossman answered on Apr 11, 2019

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... Read more »

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2 Answers | Asked in Contracts and Entertainment / Sports for California on
Q: background actor won't sign release form for video?

WE were shooting a scene with an actor in a bar who was playing an extra, he agreed to be in the video and as we ran out of release forms we agreed to send him a copy via email. Days later he had a change of heart about signing and contacted his lawyer that he wants me to talk to directly in... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Apr 8, 2019

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... Read more »

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2 Answers | Asked in Contracts for California on
Q: Can a text message be use as a promissory agreement.

The individual has received a portion of his vet. back pay benefits and hasn't sent me a penny of it.

Thomas A. Grossman
Thomas A. Grossman answered on Apr 5, 2019

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.

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2 Answers | Asked in Contracts for California on
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

I lived with my mom and her husband. When I went to get my things they told me I needed to pay them the storage fee because I did not get my things the day I said I would even though I had messaged them saying I couldn't due to work. I told them I was moving out Monday February 25th, 2019... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Apr 1, 2019

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.... Read more »

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3 Answers | Asked in Personal Injury for California on
Q: How do I locate information about a specific state case law that was based on my case in California Civil Court?

The court proceedings took place in Santa Cruz County 30+ years ago, involving child sexual abuse.

Thomas A. Grossman
Thomas A. Grossman answered on Mar 30, 2019

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).

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1 Answer | Asked in Business Law for California on
Q: I am in the framing business. How long do we have to keep completed orders that haven't been picked up?

We have completed orders that have been in our shop for awhile. We have called and left message several times and have gotten no response. Some of them have said they would be in to pick up but have never been in . We have orders that have been done for over 10 years and some that the phone number... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 30, 2019

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... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: can i sue my realtor and the seller to pay for my roof leaking?

i bought a house 6 months ago and the first rain my roof started leaking in multiple places, when we were buying our house our realtor got a roofer to come out to look at the roof and she told us he said everything was fine, and she would send us his inspection report but never did. i contacted her... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 30, 2019

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,... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Collections for Kansas on
Q: Can I file a motion to compel arbitration after the plaintiff has sent a request for discovery? Re: debt collection

There is an agreement with an arbitration clause. Do I still need to answer the plaintiff's discovery?

Thomas A. Grossman
Thomas A. Grossman answered on Mar 29, 2019

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... Read more »

1 Answer | Asked in Contracts for California on
Q: I am under contract to frame a house, the representative of the owners has asked me and my employees not to perform

anymore work because he hired a different contractor how do i protect myself for not being accused of abandoning the project?

Thomas A. Grossman
Thomas A. Grossman answered on Mar 19, 2019

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... Read more »

1 Answer | Asked in Contracts for California on
Q: I did not receive my paycheck on payday. My union contact says I am to be compensated.

I was not compensated.

Thomas A. Grossman
Thomas A. Grossman answered on Mar 19, 2019

Call your Union contact and ask for an explanation.

2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
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?

Intentional Infliction of Emotional Distress: extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 18, 2019

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... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on
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?

Breach of Contract and Covenant of Quiet Enjoyment, Owner and Manager for harassment, Intentional Infliction of Emotional Distress, outrageous conduct, extreme and outrageous conduct by the Owner and Manager with the intention of causing, or reckless disregard of the probability of causing,... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 18, 2019

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... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I live in a mobile home park. I received a 3 day notice last month, I paid my rent within the 3 days.

My bank returned my payment. I then went to pay rent for this month and realized I was locked out of online payment. The manager said the landlord will not take my payments for last month this month and next month. I now have less than a month to move but never received any notices. Do I have any... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 18, 2019

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.

2 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for Kentucky on
Q: Should I accept a $2k settlement or proceed to arbitration in a substandard bathroom remodel complaint against Lowe’s?

I purchased products and contracted with Lowe’s to remodel 2 bathrooms. I signed a contract that stated the length of the project was “TBD” and was verbally told 4-5 weeks. The contractor was unprofessional and did substandard work and I asked that he be removed from the job after 8 weeks.... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 17, 2019

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... Read more »

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1 Answer | Asked in Real Estate Law for California on
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?

Common sense tells me we live in earthquake territory, thus we should have Earthquake Insurance. The cost is high and some homeowners are willing to take a chance and not spend the money. My townhome, is a major part of my retirement savings and I am not willing to gamble it away and would rather... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Mar 16, 2019

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... Read more »

1 Answer | Asked in Contracts for California on
Q: if my contract has a mandatory mediation and arbitration clause and my attorny fails to do so is it considered

legal maltractice?

P. S. Really estate purchase contract C. A. R.

Thomas A. Grossman
Thomas A. Grossman answered on Mar 15, 2019

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... Read more »

4 Answers | Asked in Personal Injury for California on
Q: Bicycle accident premises shopping development; 4-inch drop on cement pathway where elsewhere similar pathways none

Sustained fractured ribs, concussion, etc.

Liability owed patrons of center?

Thomas A. Grossman
Thomas A. Grossman answered on Mar 6, 2019

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...
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