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Questions Answered by Thomas A. Grossman
2 Answers | Asked in Contracts for California on
Q: As a renter, if I am given a "50 day notice" of a rent increase that I do not agree with and plan on leaving, am I oblig

I could only enter that much above... I need some advice!

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 25, 2018

Generally, unless you have a signed contract of lease, a landlord can give you notice of a rent increase, and then you must either accept it or move out. If you have a lease, a landlord cannot do that.

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1 Answer | Asked in Real Estate Law for California on
Q: Can we take action against my building owner for failing to secure the building?

There have been a rash of package delivery thefts in our building lobby for some time now. A man who the building management has video footage of has been breaking into the building and stealing tenants' packages. I also have a copy of this video footage the building manager shared with me. He... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 20, 2018

You are sort of in a catch-22 here. The owner should hire a security guard to watch the building and the lobby, and there should also be security cameras in place. However, it won't do you much good if you get fired for asking for reimbursement for stolen packages. I don't know exactly... View More

3 Answers | Asked in Personal Injury for California on
Q: An employee of Victoria’s Secret yesterday told me that there was a physically imperfection with my body. Can I sue?

An article of clothing I was trying appeared to be damaged at the pocket. When I pointed this out to employee she said that the imperfection was my hip.

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 19, 2018

No. Everyone is entitled to their opinion.

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1 Answer | Asked in Real Estate Law for California on
Q: Can I grant a purchase option for real estate I own if I have clouded title?
Thomas A. Grossman
Thomas A. Grossman
answered on Dec 17, 2018

You can do that, but you should reveal to the grantee what the cloud on title is. If you don't, and it is a major problem, you could be sued for fraud.

1 Answer | Asked in Real Estate Law on
Q: Seller did not complete repairs agreed upon in signed inspection resolution document, but presented them as completed.

This was discovered after closing. Buyer was not given opportunity to accept or reject any changes in the inspection resolution document, but was misled into thinking repairs were made as stated in document.

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 15, 2018

Assuming we are talking about a house, condo or other single family dwelling. If there was a full escrow, any misrepresentations should be considered fraud. If your escrow documents have signed provisions allowing or requiring mediation and/or arbitration, you should demand that one of those... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

We learned that the house was in contract phase with a new individual. Now the sale is final and that woman is demanding $ but refuses to turn water on which was part of our initial lease with the initial woman we rented from. What are our options ??

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 15, 2018

I don't understand the question. If the house was sold to another person, than that person owns the house (i.e. has title to the house). Under those circumstances, I don't think you owe anyone any money, but I do think at some point the new owner will try to evict you from the house. I... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can my apartment actually make me pay for bed bug treatment and go through the provider of their choosing?

Am I actually responsible for paying to have bed bugs treated? And can I really not shop around for providers?

I recently discovered I have bed bugs, and notified the apartment immediately. An inspection was performed this week and the presence of bed bugs was confirmed. The apartment... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 13, 2018

Unfortunately it is a tough question to answer. It is often impossible to know where the bed bugs came from, or when, or who brought them there. Before I fork out $650 I would want a statement from the landlord that no one else in the complex has bed bugs. The landlord might simply be trying... View More

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I have a real estate dispute that's supposed to be mediated first

- what would be the next step if I didn't like the outcome?

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

If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there... View More

1 Answer | Asked in Business Law for California on
Q: My LLC has not been operating or earning any money for years yet I keep receiving these notices for unpaid fees.

The notices are from the State of CA franchise tax board and the amount keeps increasing. I was advised to ignore but the amount keeps increasing and it is scary. We never earned any money!

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 4, 2018

My guess is that you have to file some kind of form with the California Dept. of Corporations similar that will act as a "Dissolution of the LLC." Otherwise the State of California will keep sending you the tax bill. Even if you made no money, I believe you could still owe the Dept. of... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: So if a person stays at your house for some time and they manage to get like 3 pieces of mail there are they a tenant

They were there for a bit off and on and then they haven’t really payed anything for rent, are they still referenced as tenants or just long stayed visitors because the cops won’t remove them because supposedly they get mail so they are a resident

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 3, 2018

I have never heard the "3 letters and you are a tenant" rule before. Under the law there are basically 3 types of tenancies: a tenancy for years; a tenancy from period to period; and a tenancy at sufferance. If there is no written agreement with the "visitor," then he/she is... View More

2 Answers | Asked in Personal Injury, Employment Law and Workers' Compensation for California on
Q: If I have an open Work Comp case they are denying all request for treatment can I seek medical treatment with own Ins?

My work comp case is closed they were denying all medical request thru my work comp doctor so my doctor and attorney at the time stated that I needed to seek immediate medical treatment for my injury and that by law I am able to use my own insurance. My insurance paid all my medical bills but now... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 3, 2018

I think the best thing you can do is rely on your attorney to fight the worker's comp carrier. I have more experience on third-party cases than worker's comp cases. However, depending on the circumstances you may have both a worker's comp case and a third party liability case... View More

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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will I be assigned an arbitrator, or do I have a say in who gets picked for my employment dispute?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 30, 2018

Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it.... View More

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 23, 2018

I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must... View More

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2 Answers | Asked in Arbitration / Mediation Law for Texas on
Q: Are arbitration hearings always secret?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 16, 2018

They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come... View More

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2 Answers | Asked in Civil Litigation for California on
Q: Do you have any statutes for a) Motion to Dismiss Complaint, and/or b) Motion for Sanctions?

Do I have to join or just pay? tks,

Thomas A. Grossman
Thomas A. Grossman
answered on Nov 14, 2018

Generally it is up to the Judge to respond to a Motion to Dismiss a case. You can find most of the forms by going to your computer and pulling up the local Branch of the County Court you are in. Then search around that website and you should come up with a Form for your motion. Since I know... View More

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2 Answers | Asked in Contracts for California on
Q: Car sold on Craigslist in CA to NJ buyer. Was represented honest but didn’t meet buyer expectations, threatening to sue.

Can he sue in NJ small claims?

Do I have to go to NJ to defend?

I am not dealer, did not misrepresent car, he declined inspection, and accepted car and all damages indicated by transport company, does he have a case in these circumstances?

Thanks!

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

Simply put, it depends on what kind of written agreement you have. If you don't have an agreement, signed by both parties, you are stuck with a verbal agreement. You can try to work it out with the other side.

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2 Answers | Asked in Arbitration / Mediation Law for Maine on
Q: Can I request a mediator in my eviction case at any time?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 10, 2018

Without knowing more about this matter, you probably can request a mediation (many courts now offer mediation as a choice), but it will have to be set up by a mediator, and the Court usually picks the mediator. I assume you are in civil court, as I don't think small claims court offers a... View More

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3 Answers | Asked in Legal Malpractice for California on
Q: If we have to sue for legal malpractice is there lawyers that work on contingency for cases like this?

The current law firm just handed our case over to another law firm 16 days before the statue of limatations will be up for a personal injury case (automobile accident) I have been contacting the new law firm and they don't answer their phone. Times ticking and I have no idea what to do?

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

You may have a malpractice case if the lawyers who abandoned you sent you to another law firm, and that new law firm failed to protect you from the statute of limitations by filing an action. There could be a dispute on this between the two law firms. As a general rule, attorneys want to handle... View More

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1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Are all parties' signatures required for an Interpleader case to be filed?

Is there any time limit between the parties signing an interpleader notice to the court and the filing of the document?

Thomas A. Grossman
Thomas A. Grossman
answered on Nov 5, 2018

Assuming that a lawsuit has already been filed, and the plaintiff and defendant have both filed their respective papers (a Complaint and an Answer), and assuming that you are the person who wants to interplead into the action, I am pretty sure that you would have to prepare papers as an... View More

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: I have a dispute with my solar leasing company.

I filed a case with the CSLB and won. The salesman was unlicensed and lied to me about the lease. What are my options?

Thomas A. Grossman
Thomas A. Grossman
answered on Nov 2, 2018

Since you won your case, you probably have the right to sue the company for fraud, damages, or restitution (return to you of what you paid). You might be able to do this through a small claims court action, or file a "Limited Civil" action in Palm Springs Civil Court. Hope this was... View More

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