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Questions Answered by Thomas A. Grossman
2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Q: Can a state agency require me to purchase a particular brand of software to be able to work with them?

The Department of State Architects (DSA) in California has a new required electronic plan submittal process which requires every applicant to purchase the software Bluebeam (TM) - Extreme Edition to be able to develop plans and submit for approval of their project. There is no other approved... View More

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

Doesn't sound fair to me, but it is hard to fight the government. Also sounds like a "sweetheart" deal between the DSA and Bluebeam. I don't mean to be negative (yes I do), but just follow the money. Attorney below also has a good suggestion about calling the Association you are a member of.

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Can I be sued if I was in an accident and the damages we're $150k but my insurance only covers $50k?

If so can they go after my home? I don't own it yet but its got about $200k in equity.

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

You didn't mention it, but I assume that you were at fault in the accident. If so, your insurance would pay $50,000 in damages, and represent you if suit is filed. After that, the plaintiff would either pursue you for the balance or not. You might try making an offer of settlement to the... View More

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2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on
Q: I own a town house located in Prince George County, Maryland in a community governed by a Homeowners Association.

Rain water from neighbors home has caused mole and water damage in my basement. HOA CC&R, Art. X, Maintenance, authorizes board to repair neighbors property, collect costs, place a lien and foreclosure for owner who has failed to maintain property to standards. I can not repair my damage... View More

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

After a mediation, you can sue the HOA for failure to enforce its' CCRs.

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1 Answer | Asked in Consumer Law, Contracts and Collections for California on
Q: Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default /Vaca

This was an acct paid in full as due each month. Pymts were then refused w/o cause, followed by filing suit for non-pymt. Last known this case was on calendar the end of this month until just learned online a *Default Judgment was entered in May*. No notices were received by plaintiff or court on... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 27, 2018

I can't give a definite answer due to the uncertain facts. I sounds like the defendant did not properly file his Request for Default, and if so that document has no effect. To be sure of the status of your case, I would call the Court Clerk of the Courthouse where this matter is pending, and... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Can the dog breeder take my dog back if they agreed to giving the dog to me for free? What can i do to keep my dog?

I got my dog from my ex at the time who's father is a dog breeder, he gave me the dog for free but now that I'm no longer with his daughter so his daughter is saying to bring the dog back. However the dog has been completely under the care of my mother and I since we've gotten her.... View More

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

I don't think legally you have to give the dog back, since it was a gift to both of you. I would just wait it out and see what happens. It is in your favor that the dog is registered to you.

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2 Answers | Asked in Arbitration / Mediation Law, Contracts and Consumer Law for Florida on
Q: Exemptions to arbitration clauses

I am fairly certain I am a vicctim of auto sales fraud, there's plenty of details but basically the odometer number was changed from my purchase agreement (133k) to 113k on my buyer's order. The VIN also does not match the class car I thought I bought (was supposed to be sports edition,... View More

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

Most consumer contracts these days contain an arbitration clause. Usually it is hidden in the fine print. You could try filing a . expensive and faster to get a hearing. The bad news is that if you sue in SC Court and lose, your case is done. Whereas, if you win, the defendant has a right to... View More

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2 Answers | Asked in Business Law and Insurance Bad Faith for California on
Q: Someone just filed a lawsuit against my company, they claim while unloading heavy boxes, but we have proof it didnt happ

The day the supposed incident happened, we have him on camera never unloading a single box. We also have him on camera, walking out on the job, with no indication of injury. What can we do?

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

Since you have been sued, you must respond to the lawsuit. Be sure you understand what type of lawsuit it is (Small Claims Action, Superior Court action, Worker's Compensation action, etc.). You have 30 days to file a response. If you have worker's compensation insurance on your... View More

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1 Answer | Asked in Civil Litigation and Contracts for California on
Q: Can a lessor demand utilities from a lessee 10 months retroactively when there was never a billing changeover done?

Entered 1 yr lse in Apr 2017. Contract states tenant responsible for utilities. Landlord did not initiate a transfer of Edison. Oct thru Dec 2017, Condo has power issue (partial power available. lights dim, unable to use electric stove, watch tv, etc). Repaired 27 Dec 2017. 01 Feb 2018 landlord... View More

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

I think the fact that your written lease requires that you pay the utilities might give your landlord an edge. However, you might argue that the landlord never changed over the billing, so you never even got to see what the bills were. Maybe he will split the difference with you.

1 Answer | Asked in Real Estate Law for California on
Q: Can a seller back out of the deal the day of closing after docs are signed and loan is funded?

All monies were wired to escrow loan was funded and wired. Escrow can't clear title because owners owe more than they thought on the home. Can they back out of the deal after all of this? Also who is responsible to demand payoff notices and when does this usually happen?

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

Usually not, unless there is a real good reason (like one of the parties just died).

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for California on
Q: whats it mean if the grantor is missing from a document?
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 25, 2018

You have not given enough facts for me to answer the question. Assuming we are talking about a deed that has been properly recorded on real property, then the answer would probably be this: The grantor is the person granting another party the right to own an interest in the grantee's... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What happens if I have evidence that our divorce mediator was not a neutral third party?
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 24, 2018

Unless the Mediation ended in a settlement, you can walk away from the mediation, and seek another Mediator or Mediation.

1 Answer | Asked in Business Law for California on
Q: Tip reporting

I have a question for you. I work for a restaraunt and I send over the calculations for hours and tips to our payroll company so they can cut checks. I've been instructed to only report 8% of each employees sales as their tips regardless of how much their charge tips or reported cash tips... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 24, 2018

It depends on who instructed you to report only 8 per cent of your tips.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Need to fire an employee manager (Long Beach, CA) for cause. We don't need to go through eviction process, right?

We have 2 employee managers onsite at a residential care facility. We don't have written employment, residency, or tenant/rental agreements. They are paid above minimum wage and live in the units for free. If they didn't work for us, they wouldn't be able to live here because of... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 23, 2018

What I didn't hear from you is whether or not you have a rental agreement with the party you want to fire. Depending on the circumstances, I would consider the employee/manager to be a "tenant at will," which means you can give them a 3-day notice to quit the premises. As to... View More

1 Answer | Asked in Real Estate Law for California on
Q: How to proceed? Neighbor trespassed and hacked landscape nearly to death without permission. All caught on video.

My neighbor trespassed into my side fence line, not enclosed, and hacked my plants and shrubs nearly to death. The plants were not touching their property, at least 3 feet away, nor was it hanging over their property due to 0-lot-line. They never made an attempt to discuss anything with us before... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 23, 2018

As long as you can prove that your neighbor actually crossed onto your property, you can probably sue your neighbor in civil court, and should request your HOA to file a claim against your neighbor for trespass and damage to your property.

1 Answer | Asked in Business Formation and Business Law for California on
Q: Which type of company has the highest legal protection against lawsuits, INC or LLC?

I'm having hard time understanding the legal protection advantage of an INC vs LLC after reading tons of articles and asking two accountants, I still don't have an accurate information regarding the liability of each type of company.

I want to know which type of company has the... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 23, 2018

The problem is that each entity has both advantages and disadvantages, and you have to decide which one is best for you. That can take some time, and may depend on the goal of the business. Since you want an entity to run a business involving online beauty products, you might want an LLC over a... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Is there anything that can be done for dogs that are being mistreated

I have tried to speak to the neighbor but his response has been to shock collar the dog

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 22, 2018

Trying to tell another person how to treat their dog is usually a losing proposition. Most people who mistreat an animal are jerks who know they are doing it, and just don't care. Sometime an electric collar can be helpful to train a dog, but constant use of it sounds more like cruelty than... View More

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1 Answer | Asked in Business Law for California on
Q: Are there any fees if I have EIN with no business. Is it okay not to close EIN?

Just terminated my llc, but not EIN.

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 22, 2018

I would ask an accountant.

1 Answer | Asked in Contracts and Insurance Bad Faith for California on
Q: what is the statue of limitation if I want to take my insurance company to small claim court?

I had mortgage disability once with state farm,I had surgery in aug/2014 and became disable,then filed in my claim with the insurance company in oct/2014,and in jan/2015 the insurance company denied to pay because it was pre-existing condition,dose still the statute of limitation law allow me to... View More

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

In most cases the statute of limitations on a claim against your own insurance company for bad faith is one year (one year from the date of the bad faith). Sometime, it can be two years depending on the facts. I am not sure if he Small Claims Court handles insurance bad faith cases, but you may... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Arbitration / Mediation Law for Colorado on
Q: I want to know if Home Relief Services is a ligit company helping people with loan modification.
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 20, 2018

You can go online and look at their website. You can also look up reviews of this company and read them. Finally, you can access "Yelp" and review the company if you can fine it.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My 89yo father recently passed away. I am "next of kin" as I am his sole surviving daughter. (He has 5 living

grandchildren & my sister died in 1995). After my mother died, my nephew had his name added to the deed to my father's house in CA. My father signed the paperwork to do this. Other than this, there is no will or trust for my father's property. Do I have any right or ability to... View More

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

Without see the documents, I don't know if your nephew was properly added to the deed. It has to be done in a certain way. With no existing Will, the property must be distributed "intestate," which means that the house would probably have to go into Probate, and the property would... View More

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