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Questions Answered by Thomas A. Grossman
1 Answer | Asked in Business Law for California on
Q: Can a CEO/ President of a sub chapter s corporation in Arkansas legally not pay dividends to shareholders?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 2, 2018

I'm not positive, but I think payment of dividends is optional in a Sub S Corporation if the President has a majority interest in the shares.

2 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Can I create art with photos I took of horses on a private ranch without a model release?

The ranch owner refuses to sign the model release after a verbal agreement was struck prior to the shoot. He wishes to control which pictures I can use and when. He wishes to modify the model release after rejecting the initial release. I took the pictures with my camera. Do I own the copyrights... View More

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

Your first mistake was in relying on a "verbal agreement." Verbal agreements are nearly impossible to prove. I have not seen the agreement proposed by the ranch owner, but you should have a short, professional agreement in your file, containing various releases. I handled many cases... View More

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2 Answers | Asked in Arbitration / Mediation Law for Florida on
Q: When I go into arbitration can I still have a lawyer?
Thomas A. Grossman
Thomas A. Grossman
answered on Oct 26, 2018

I am not familiar with Florida law, but in most states you can have a lawyer with you. Of course, you will probably have to pay his or her attorney fees, and also share the fees of he Arbitrator for the hearing, but you will likely fare better with an attorney. Try to find an attorney who is... View More

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2 Answers | Asked in Personal Injury for California on
Q: What are a couple of questions that should be asked during a screening Interview?
Thomas A. Grossman
Thomas A. Grossman
answered on Oct 21, 2018

You should ask the prospective attorney the following questions:

How long have you been practicing?

How many personal injury cases have you handled?

Do you take cases on a contingency basis? (if they don't, move on).

Do you advance costs? (This is crucial)....
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1 Answer | Asked in Real Estate Law for California on
Q: I have a deed restriction on my home that runs with the land which it restricts me from selling my house at market value

Are there any loop holes to get around this? I already paid off my silent second to the city who imposed the restriction.

Thomas A. Grossman
Thomas A. Grossman
answered on Oct 21, 2018

I have never heard of such a restriction. I would think that such a restriction is unenforceable as an unconstitutional burden on your right to own your property. I would like to know who has the right to enforce that restriction. Maybe you can buy the right to terminate the restriction from... View More

1 Answer | Asked in Contracts for California on
Q: What contract is needed wen one partie agrees to split the money from a settlement with the other party
Thomas A. Grossman
Thomas A. Grossman
answered on Oct 19, 2018

It probably depends on what kind of settlement you are talking about. There are hundreds of settlements of different sorts. Usually, there should be a written agreement, signed by both parties, stating the parties agree to split the settlement fifty-fifty. Since you are asking what happens when... View More

1 Answer | Asked in Arbitration / Mediation Law for Kansas on
Q: As a guest of a hotel does a person have any legal rights to stay if the hotel wants to kick them out
Thomas A. Grossman
Thomas A. Grossman
answered on Oct 8, 2018

My best guess is that the hotel has the right to ask you to leave, if -- in their opinion -- you are disruptive and/or an annoyance to other hotel guests. If they do ask you to leave, they must return to you any unused rental payments you have made for your stay.

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
Thomas A. Grossman
Thomas A. Grossman
answered on Oct 2, 2018

There is generally no time limit on a mediation, however, at some point it will become apparent that the mediation is going nowhere. At that point, the parties should agree to end the Mediation. There is no point in going on if you are not getting anywhere. Good Luck.

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1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: How much does it usually cost to use a mediator? (In this case, it would be for a divorce - no kids.)
Thomas A. Grossman
Thomas A. Grossman
answered on Sep 25, 2018

The cost of mediation is determined by many factors. First of all, if you are going to use an attorney to represent you, that will cost money. Also, the mediator's fees vary (usually from about $200 to $300 per hour). Rates vary widely to high priced mediators and less expensive mediators.... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Is leaving a dog outside 24/7 illegal?

I, moved to California to be with my boyfriend. He lives with his mom and she has two small very old dogs outside in a large area. Gives them water every three days. Feeds them every five. Other then that they have no human interaction. They are left to their own devices. As for shelter they... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Sep 17, 2018

What your boyfriend's mother is doing is not illegal, but it sure is inhumane. If your boyfriend can't convince his mother to clean up the mess and provide some shade and regular food and water, get a new boyfriend.

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1 Answer | Asked in Real Estate Law for California on
Q: My mom wants a roommate. She lives in Cobb in California. (Lake county)

The roommate/renter would have full access to all facilities and amenities in the home but the bedroom for the roommate is a detached bunkhouse with no running water or bathroom. Is this a legal rental situation?

I need to know if it is LEGAL cuz a code enforcement gal is saying it isn’t... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Sep 17, 2018

I don't know if it is legal, but it sounds like a disaster waiting to happen. The new roommate would be underfoot most of the time, with no access to his/her own water and bathroom.

2 Answers | Asked in Real Estate Law for California on
Q: I believe I'm being discriminated against for decorating the common area

I decorated the common area with plants and statues and few other outdoor items as does numerous amount of people and my neighbor complain that it WAS TOO MUCH JUNK so now I'm being fined and they made me take it down and they also threw away some of my plants .. I need to have this issue... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Sep 17, 2018

Your question is not one of personal injury; it is a question about your rights under the CCRs and other governing documents where you live (I assume you live in a condominium or other PUD). HOAs can be very discriminatory when it comes to decisions about what can and cannot be done with common... View More

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Do I need to file a silent partnership agreement with the city of Los Angeles in order for it to be legal?

I would like to start a business with a partner where everything is split 50/50 in the middle (profits, losses, liability, responsibilities, and authority). The business is currently filed with the city of Los Angeles as an Individual Owned Business. Does it need to be filed as a Partnership? Or... View More

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

You state you filed your business with the City of Los Angeles, but that does not establish any rights to the business name. Usually, cities simply collect a yearly fee from you because they can. The easiest thing to do is file a fictitious business name Statement with the County of Los Angeles.... View More

1 Answer | Asked in Personal Injury for California on
Q: What are California State laws in regards to a business and how much light is needed after dark outside ?

My son and I were at Camelot (an arcade business with small rides and amenities outside) we were waiting in a poor lit area for an employee to come to begin operating a ride for them. While waiting my son walked into a rail maybe at 50' high and slipped in a puddle of water where their were no... View More

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

When the manager said the Sate "cleared them for business," that doesn't mean that they can't be sued for the failure to detect and cure a hazard on their property. It sounds like the lighting was bad enough to be called a hazard, and should at a minimum have had barriers or... View More

3 Answers | Asked in Personal Injury and Gov & Administrative Law for California on
Q: Do I have legitimate claim to seek personal injury expenses when child inhales chlorine leak from a city pool?

My child was receiving swimming lessons at a city pool when during the lesson there was a sudden overwhelming smell of chlorine which my child directly inhaled, which caused a lot of the typical symptoms from chlorine inhalation; difficulty breathing, coughing and stinging of the throat. The pool... View More

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

You will probably have to file a claim with the city in order to do so. The City then has to accept or deny your claim. If they deny your claim, you have 6 months to file suit. If you file suit your results may depend on how bad the damages were to your child. If your child recovered quickly,... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on
Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

Could you please give me a phone number so I can ask a question about how much I should expect in a drug manufacturer settlement. I’m thinking possibly I could contact public records at the CA state bar and hopefully they can find a similar scenario I can at least have an estimate.

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

I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can my ex-landlord charge me for his new tenants' rent and hotel costs?

This is in California.

My old landlord had his new tenants move in the same night that my roommates and I moved out. This meant that any repairs or extra cleaning that needed to be done were not able to be completed before the new tenants moved in. I had a particularly messy/dirty roommate,... View More

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

These situations often are somewhat vague. If I were you, I would allow deduction for repair of the carpet, but would bargain about offering another deduction for both hotel costs and rent on the vacated apartment. The risk to you, without knowing all the facts, as that the landlord may simply... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: The question is should I call the clerk in that department could I come and see the judge now or before my court date
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 30, 2018

You cannot speak to a judge unless you are in Court. The Court Clerk can be more helpful to you.

1 Answer | Asked in Real Estate Law for California on
Q: How do you force a property sale if the mortgage is in one person’s name but it’s deeded to two people (parent/child)?

My mother tricked me into purchasing a townhouse when I was 21. I didn’t fully understand what I was getting into. The mortgage is in my name but the property is deeded to both of us with her as primary. I’ve asked to sell the property multiple times but she says no. She can’t afford to put... View More

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

The important thing is that both you and your mother share title to the property. If you have to, you can tell your mother that you will either stop paying the mortgage, or that she must from now on pay half of the monthly payments. If she doesn't agree, you will have to bring an action for... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: I accidentally ran over my sisters roommates dog doing less then 5 mph. They are asking me to pay for his vet bills

The dog was not on a leash or in a fenced yard. Apparently he was sleeping under my car in the hot weather. Who is responsible for the vet bills? They are also saying I wrecklessly hit him. Remind you I was only backing out of the dirt I had NO idea he was any where near my car

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

This is always a tricky situation. Legally, I don't believe you are responsible for the Vet bills, as it was not your fault that the dog was outside, and not on a leash when you injured him. I went through this myself many years ago when I hit a dog that had run out into the street in front... View More

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