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Questions Answered by Thomas A. Grossman
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I've been paying rent through my building's autopay for years and now they want backpay for years of "raises" What now?

I've been paying and have had no issues but they're claiming they want me to pay for two years of rent raise that I haven't been paying apparently. When I asked when and how they "raised" my rent. They said they taped it onto my door. Is that legal? Can they ask for all of... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Mar 2, 2019

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... View More

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for California on
Q: Can a business who is limited to sue in small claims court for only $5,000 sue for $10,000 in California?

The case involves breach of contract. Can a husband and wife each be sued for the same contract jointly and severally in two small claims cases to claim $10,000 when the court limit is $5,000? The contract was executed jointly and severally.

Thomas A. Grossman
Thomas A. Grossman
answered on Mar 2, 2019

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... View More

1 Answer | Asked in Business Law for California on
Q: If a nonprofit benefit corporation has several directors whose terms have expired, can the directors stay on until

Can directors whose terms have expired remain on the board until replacements have been elected to the board?

Thomas A. Grossman
Thomas A. Grossman
answered on Mar 2, 2019

Common sense tells me that once a Director's Term has expired, he or she is no longer a Director, unless the Board acts to extend their term. The best way to handle this would have been to have elections for new Directors, so that they could take their place on the Board immediately upon the... View More

1 Answer | Asked in Real Estate Law for California on
Q: I've contacted my apartment complex 7 times about mice - their solution is traps in which are catching them daily

Can I withhold my rent from the apartment complex? They sent pest control in which they stated they could do "nothing" about it - I have records of contacting them to empty traps + pictures. I have young small children, in which I am extremely worried for our sanitary health.

Thomas A. Grossman
Thomas A. Grossman
answered on Mar 2, 2019

Yes. You should contact your landlord in writing that you are going to withhold rent until the mouse problem is taken care of. If they threaten you with eviction, you can tell them that the mouse infestation has made the apartment unsafe and a health hazard, and that the landlord has... View More

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I have a situation and I know I need legal help but I am not even sure what type of Lawyer I would need.

My situation is regarding a property which is listed in my mothers name ( she just recently passed away) I have lived in this property for 22 years its my children's childhood home. Now that my mom has passed she had a trust which myself and my two siblings are executers of. The trust part is... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 28, 2019

You need to contact a Probate lawyer, and it would be helpful if the lawyer understands real estate law.

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1 Answer | Asked in Real Estate Law for California on
Q: My HOA violation notice request.

I live and have ownership in a California HOA. I recently noticed money missing from my dues account (I maintain a positive balance). I contacted the property manager and was told I have a violation fine. I told them I didn't receive a notice of the alleged violation, hearing or an outcome... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 28, 2019

You can demand a copy of the pertinent documents from the HOA, but don't expect them to give them up willingly. HOAs are notoriously poor at giving up documents. I still suggest you demand a copy of the pertinent documents. Good Luck.

2 Answers | Asked in Arbitration / Mediation Law for Pennsylvania on
Q: Can you send a family member to represent you in arbitration court?

I've been served a summons for arbitration court. Am I allowed to send a family member to represent me? I do not want to go to court and cannot afford a lawyer.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 28, 2019

Only if the family member is part of the claim or lawsuit. I don't know which court you are talking about, but you don't have to hire a lawyer to represent you in an arbitration proceeding. Of course, it is better to have a lawyer with you. If you are not part of the claim or lawsuit,... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: We are condo owners in Pinole. The Mgt. Co. wants to enter our newly remodeled unit and tear out dry wall. Our rights?

We spent 16k to remodel last yr. Now a contractor has convinced the (clueless) Mgt Co. to "remediate" a water issue that results from a 25-yr-old roof in need of repair. The CC&R has language granting access for inspection, maintenance, repair, construction or replacement. But a... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 25, 2019

It is always tough to fight the Mgt. Co and HOA. You should carefully read the sections of the CCRs that apply to your rights, and the rights of the HOA to allow the repair. Look for a section in the CCRs that allows the HOA to have a contractor make the repairs. If you can't find one, then... View More

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2 Answers | Asked in Animal / Dog Law for California on
Q: Co-worker gave me a dog because she had no housing for it. I received no monies to care for the dog for 13 months.

There was no time addressed with the care of the dog. Just that she had no where to put him and would I take him. She said, “it kills me to give him to you”. Now since her situation has changed she came to my home unannounced and told me she was picking him up. She is stating she is going to... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 25, 2019

It seems unfair, but if she is technically the owner, you probably have to give her the dog. I would insist that she reimburse you for the expenses you have incurred in keeping the dog.

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1 Answer | Asked in Business Law for California on
Q: I am a state licensed CPT 1. I work within a spa in which I would like to administer vit b12 shots. Am I legally able?

I am a ca state licensed phlebotomy lab technician.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 25, 2019

I doubt that it would be legal. I think only doctors can administer shots, otherwise you would be deemed practicing medicine without a license.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: Can I now become the legal owner of property?

My husband, recently deceased, and I have lived on property for the last 19 years that's in probate from his Grandfather. My mother-in-law is the executor, and now wants to claim the property. I also paid the taxes on the property myself for the nineteen years. What is my legal standing?

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 25, 2019

Without seeing the documents (mainly the deed showing ownership of the property), I can only make a guess at what will happen. It sounds like you and your deceased husband have never had a legal interest in the property. I don't know what is going on in the Probate proceeding, but unless you... View More

1 Answer | Asked in Real Estate Law for California on
Q: In CA, can a husband sell property jointly owned with a spouse while that spouse is mentally incompetent?
Thomas A. Grossman
Thomas A. Grossman
answered on Feb 21, 2019

I think the property can only be sold if a Conservator is appointed to represent the spouse. You would probably have to file for a Conservatorship proceeding in Court and get the Judge to Order that she is mentally incompetent. Then, as her Conservator, I believe you could sell the property.

1 Answer | Asked in Civil Litigation and Real Estate Law for California on
Q: This is going out to GROSSMAN. You needed more information in order to answer my question.....

1. Trinity county superior crt. In trinity co. Ca

2. The tenant in common is also the plaintiff

3. The man who pulled the trigger is in prison,but the county never explored and possible connections between the plaintiffs sudden decision to relocate and his insistence that my dad... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 20, 2019

Thank you for the information, however I forgot what your question is. However, I can give some basic advice, but at the risk of not understanding many of the things on your list. And, I don't want to commit malpractice by advising you wrongly. So, here is what I think. First of all, based... View More

2 Answers | Asked in Divorce and Real Estate Law for California on
Q: We are both on the deed of the home we share but I'm the only borrower on the mortgage. If we split who calls the shots?

Split might be mean spirited...

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

It depends on lots of things: 1. are you married?; 2. is the deed a joint-tenancy deed?; Are you "Tenants in common" under the deed? How long have you lived together?

The fact that you are the one paying off the mortgage means that the Bank (or mortgage company) will look to...
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2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: can I use companies trademarked logos on another brand listing that makes money?

this is a business selling on Amazon. we intend to use other brands logos like apple, for example, to sell our product more.

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

Only if you want to risk being sued by the other companies for Trademark Infringement.

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3 Answers | Asked in Business Formation, Business Law and Intellectual Property for California on
Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?

I first used this concept, Moving Humanity Forward, in a commencement speech at my Master's Degree graduation ceremony. General Motors seems to only be using this in advertising their partnership with NASA. I appreciate any feedback.

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

Since GM has already trademarked that phrase, I think you would have to use another phrase, e.g. "taking humanity forward," etc.

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1 Answer | Asked in Business Formation and Business Law for California on
Q: I have used a particular set of words in academia and I am interested in using this as a business title.

It seems that another business entity has trademarked the words I intend on using. How should I proceed?

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

Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a... View More

3 Answers | Asked in Personal Injury, Products Liability and Landlord - Tenant for California on
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered

by harsh cleaning chemicals. My apartment complex is currently using a Fabulso, which contains sulphuric acid and perfumes that give me a chain reactionof symtoms that take days to clear up. I have to take prescription meds and injections in the e.r. to get it under control. Ive requested a... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 14, 2019

While it would be inconvenient for you to move, my experience as both an attorney and the owner of a condo is that it is better to just move and find a new place to live. I doubt the Landlord or owner(s) of the complex where you live will change his/her/their cleaning methods without a fight. the... View More

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1 Answer | Asked in Real Estate Law for California on
Q: I am trying to find out what type of lawyer I need. Some land was purchased in my name without my knowledge or consent.

I didn't sign any papers for the land. The land was purchased up in Igo, CA.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 13, 2019

I think you need to investigate the matter before you start spending money on an attorney. It is not too difficult to go on the internet and look up the property. The property is apparently located in the County of Shasta. You can contact the County Recorder for Shasta County and see if you can... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Landlord - Tenant for California on
Q: What about breach of verbal contract? How can you say verbal agreement means nothing?

I am not a lodger I am a tenant. Don't I have a right to exclusive possession and quiet enjoyment to the private room that I pay rent for every month.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 13, 2019

Yes, until your are asked to leave.

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