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Questions Answered by Thomas A. Grossman
1 Answer | Asked in Real Estate Law for California on
Q: if i were to try and claim a property by adverse possession , if i was the only owner could someone live there with me .
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 10, 2018

Claiming property by adverse possession can be long and tricky. You have to satisfy several requirements, like open and hostile use of the property, a claim of ownership, payment of taxes for 5 years, etc. If you meet all those criteria, you would probably then have to record a deed in your name.... View More

1 Answer | Asked in Probate and Real Estate Law for California on
Q: CAN I SUE THE REAL ESTATE AGENT FOR VERBAL PROMISE TO RELOCATE ME ONCE MY MOMS HOUSE SOLD THRU PROBATE.

HE LED ME TO BELIEVE THAT I WOULD RECEIVE MY MONEY RIGHT AWAY. I KNEW NOTHING ABOUT PROBATE NOR ABOUT SELLING A HOME. I THINK HE TOOK ADVANTAGE OF THE FACT THAT I KNEW NOTHING ABOT PROBATE AND SELLING A HOUSE. I HAD TO MOVE OUT AND SPENT MY SMALL IHERITANCE ON MOTELS AND STORAGE TO WHICH HE SAID I... View More

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

Verbal promises are as good as the paper they are drawn on (i.e. no good). However, if your agent failed to properly present documents to you, or instruct you as to signing them, you might want to contact the California Dept. of Real Estate about this agent. You can also enter his name on that... View More

3 Answers | Asked in Contracts, Estate Planning and Probate for California on
Q: Valid holographic will?

My grandmother passed away a month ago and left a holographic will. In this, she said to leave everything to my aunt (her daughter) and to disinherit my mother (her other daughter) and me and my siblings. The will is dated, but it not written in my grandmothers writing, and the actual paper is not... View More

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

A Holographic will that is handwritten, dated, and signed by the testator (your grandmother) can be valid. However, what you describe has two potential problems for your grandmother: First of all I believe that the Will must be totally in your grandmother's writing. Secondly, it is usually... View More

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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What should I do if I'm upset about the outcome of a mediation between my ex-husband and me?
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 8, 2018

That depends on the outcome of the mediation. If it was a binding mediation (one where the parties come to a binding written agreement), then there may be nothing you can do, if you agreed to and signed the settlement papers. However, most mediations simply end if the parties cannot agree on a... View More

3 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for California on
Q: Drunk driver crosses intersection on red light, hits a motorcycle teen thief on green light with stolen guitar ?

A theoretical question: A teenage boy steals a guitar, the store owner calls the police. The teenage boy takes off on his motorcycle and is followed by an LAPD officer on duty. The thief enters an intersection that he crosses on a green light, but then is hit by a drunk driver who crossed a red... View More

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

The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: is a text or verbal notice to vacate enforceable?

i want to move from where i've lived for the last year and a half. i haven't paid rent for july & now august. i know i breached the terms of the verbal rental agreement re rent, but there are mitigating circumstances that caused me to withhold the rental payments. I told the property... View More

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

First of all there is no such thing as a "verbal tenancy." If it is not in writing and signed, it does not exist. secondly, a text message is probably not a sufficient "writing" to be a proper 3-day notice. If she files an "unlawful detainer" action against you, you... View More

1 Answer | Asked in Business Law and Business Formation for California on
Q: 3 people enter into an LLC business venture together. 2 of those people bring $10,000 cash each and the third person

Without Permission) brings in $10,000 that is discovered to be a loan made out to the entire LLC. Is this legal and is the LLC responsible for payback when the other two members are not.

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

I can't say that what the third person did is "illegal," but it is certainly not proper to be the only member of the LLC that has actually put money into the LLC that is other than capital. You should tell the third party that the LLC is not responsible for paying off his loan.

2 Answers | Asked in Animal / Dog Law for California on
Q: A friend of a friend gave me his puppy. I brought him to my town and later I found out the dog isn’t resigtered under

His name but his ex girlfriends name and she had left the dog with him in the process of their break up and now wants him back and is threatening to go to the police. I’ve spent a lot of money on this dog and Even though the dog isn’t registered under my name, I have texts that prove that he... View More

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

While it does not seem fair that you should give the dog back to the girl, she probably has a right to get the dog back. Maybe you can bargain with her and explain to her that you have spent a lot of money on the dog, and if she will reimburse you for those expenses you will give the dog back to... View More

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1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Can I have a judge change or take off a name from a deed to our home without a quick claim deed?

We are married 52 yrs. Husband left to live with partners wife in 2007. We are separated 11 yrs, never finished divorce, because husband said in lieu of alimony, he would give me house, and I, in turn, would leave house, or whatever proceeds if I should sell, to the children when I died. I would... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 6, 2018

The terms of a judgment in a divorce decree only tells you what the parties are supposed to do. Part of the problem is that it sounds like part of the agreement was done verbally (which almost never works out). Unless you can prove in court what the verbal promise to you was, you might be out of... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: My roommate and i "co-own" a dog but i'm paying for everything, does he have a claim to the dog?

I got the dog about a year and half ago, my roommate agreed to help me out and paid me a small amount for the dog. since then i have had to take on the full financial for the dog and have paid for everything: dog insurance, food,vaccinations. despite multiple attempts to have him re-imburse me for... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 6, 2018

I would guess, based on your facts, that since you got the dog and have paid all of the expenses associated with the dog, that you own the dog. If your roommate wants to share in the dog, tell him he must reimburse you for half of the dog expenses.

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1 Answer | Asked in Real Estate Law for California on
Q: I was fined $2,500 for a fireworks violation at my rental property. I was out of the State at the time. Illegal Code?

Seaside CA, Police issued me the fine on 26 Jul 18 for the violation on 4 Jul 18. On 4 Jul 18, I was in a different State. According to the code, link below, homeowners can be held responsible for violations on their property. I am experiencing a great deal of stress over this, losing sleep,... View More

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

The statute seems to hold the owner of the house responsible for any fireworks that are set off somewhere on your property. If one of your friends or family set off fireworks illegally while you were away, then it appears that the statue was violated by whoever set off the fireworks. You have not... View More

1 Answer | Asked in Contracts for California on
Q: I had a three year lease. After 24 months he wants to break the lease and sell the house.

I agreed to move out! Now he won't return my $6000 deposit and is billing me for repainting the entire inside of the house as well as removing trees from the yard. I used his gardener in the two years I lived there. He now is taking me to court to collect the $2000. Do I have any recourse?

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

If he has filed suit against you, you must file an answer. Your landlord will have to prove that damage to the house was more than what is to be expected. Assuming you have a written 3-year lease, you should check to see if it has a clause about the owner's right to sell the house during the... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Roommate moved out and left her dog without giving me notice, does this count as abandonment?
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 4, 2018

If you are sure she is not coming back, the answer is yes. As to the dog, I hope you like pets.

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: WHY DO I HAVE TO WAIT FOR OTHERS TWO MORE CLAIMANTS IN MY ACCIDENT BUT THERE LAWYER IS NOT SUBMITTING THIER INFORMATION

BECAUSE IT WAS MY DAUGHTER AND BOYFRIEND AND THEY BOTH FINISH THERE HEALTH TREATMENT LAST MONTH,SO WHAT CAN MY LAWYER DO/

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

It depends on how long ago the accident happened. You, and the other two people, have two years before you have to file suit (that's when the statute of limitations expires). If the suit is fairly new, other related parties can join in as additional plaintiffs. Attorneys don't all work... View More

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1 Answer | Asked in Contracts and Small Claims for California on
Q: How do you present a broken contract between 2 parties to a judge?

Contract between myself and another party has been broken (breach of contract on the other parties end). However, I still paid the original contract in full. If the other party breaks this contract how can I present it to a judge?

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

I assume from your facts that you paid for services and that the services were not performed. Under those circumstances you should probably take the breaching party to small claims court and sue for breach of contract (it's that simple). You can request money damages or return of what you... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Hi. We had a tenant move in recently and he insists on having ac in the master bathroom. There’s a window and vent.

Single Family Home

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

It all depends on what the rental agreement says.

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Georgia on
Q: i recieved a dispossessory proceding, how do i dispute this?

i recieved a dispossessory proceding this morning. I live in my fathers house and pay $400 a month to live in the garage. He has a joint lease with his wife. He loves me, his wife hates me. She filed the paperwork for it. For the reason, she put "party displays hostile behaivior and is not on... View More

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

I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You... View More

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Do lawyers use a measure scale for pain and suffering? For Car accident .
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 2, 2018

Lawyers handling personal injury cases evaluate pain and suffering by evaluating a series of factors: How bad the accident was; how bad the injuries to the client are; how much medical attention was required; how much the total medical bills are; whether or not the accident aggravated a... View More

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1 Answer | Asked in Contracts and Small Claims for California on
Q: What can I do in a small claims appeal after my wedding coordinator broke our contract?

Coordinator broke contract. Suing me for full remit of payment. Already got a judgement and won. She owed $5.10 + court fees back to me. She is claiming that the judge miscalculated. Emailed me threatening to take me back to court (which she did). Claiming I owe her for something the judge already... View More

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

Your facts are a little confusing. If your weeding coordinator sued you in small claims court and won, you can appeal the decision to a Trial de Novo. If she had lost, that would have ended the matter. You can appeal the decision in the first case. As to a second case, I don't know about that.

2 Answers | Asked in Animal / Dog Law for California on
Q: Legalities regarding taking possession of stray dog which is well-known to the community, including animal control...?

Given the following facts, we firmly believe the spirit of the law(s) to be in our favor, we are wondering if the letter of the law may possibly be used against my friend.

A very skittish dog began living in a field (non residential area) approximately three months ago, at which time animal... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 1, 2018

Facts are a bit confusing, but if your "friend" happened to befriend the dog and take it home, and no one finked on her (i.e. contacted animal control), then she could keep the dog.

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