David Brian Weinberg’s Answers

David Brian Weinberg

Atlanta Car / Auto Accident Lawyer.

Contributor Level 3
  1. Does filing a lawsuit in a specific court means that is where the case will be heard as related to pretext and pretext plus?

    Answered about 2 years ago.

    1. David Brian Weinberg
    2. M. Todd Miller
    2 lawyer answers

    Looks like you are doing some forum/venue shopping. In general, a case will be heard in the Court in which you file it. However, if you pick an inappropriate venue, the Defendant/Employer will likely move to transfer to an appropriate venue. There are several variables, especially in the employer/employee context, to consider when selecting an appropriate forum. I am not commenting on your interpretation of the law regarding pretext and pretext-plus jurisdictions or whether one is more...

    Selected as best answer

  2. I have a gas station & grocery store in Atlanta. My company abc inc has a lease with landlord. he is not transferring the lease

    Answered almost 2 years ago.

    1. Glenn M. Lyon
    2. David Brian Weinberg
    2 lawyer answers

    You have been asking questions related to this matter for months now. I'm surprised you haven't taken anyone's advice and retained an attorney. Transferring the stock doesn't necessarily solve your problem depending on what the lease says. In fact, it could make your problems worse. I have handled cases like this for almost 6 years working with a partner at my firm who has handled cases like this for 20+ years. We would require a retainer and bill on an hourly basis to resolve the...

    1 lawyer agreed with this answer

  3. Can a landlord of a gas station not renew my tenant lease (5+5) even though I have the right to renew option in my contract??

    Answered about 2 years ago.

    1. David Brian Weinberg
    2. Ikemesit Amajak Eyo
    2 lawyer answers

    Without more facts, I cannot answer your question. The answer likely depends on the language in the contract, whether you are in default or will be in default at the time you seek to exercise your option, whether you followed the proper procedures to exercise your option, etc. You usually have to exercise an option to renew in writing, mailed to a specific address, and within so many days before the end of the lease term. For example, many leases require a 6 month notice to renew. I...

    1 lawyer agreed with this answer

  4. Can they do that? What options do I have? What can I do to get this amount lowered?

    Answered about 2 years ago.

    1. David Brian Weinberg
    1 lawyer answer

    The problem I see with your case is that it is not clear who was in legal possession of the apartment at the time of the vandalism. There are not enough facts in your question to make a decent guess about that. However, you say you were evicted, which to a lawyer means that the landlord went to court and the Court issued a writ of possession to the landlord. Then, the landlord had you put out of the apartment and/or you voluntarily surrendered the apartment to the landlord. The key is...

    1 lawyer agreed with this answer

  5. Should i move out if my rental home is in foreclosure

    Answered almost 2 years ago.

    1. David Brian Weinberg
    1 lawyer answer

    There are a lot of unknown variables here. But, if you can qualify for a loan, and the house is for sale, you should be able to buy it. If it is in foreclosure, then you have to bid for it on the Courthouse steps like everyone else. Contact the lender or the attorney handling the foreclosure and get the details of the sale - date, time, location, outstanding mortgage balance. If the house has not actually been advertised for foreclosure sale, then the owner can sell it to you, and the...

  6. What steps do I take to file a breach of contract suit against a party promoter?

    Answered almost 2 years ago.

    1. Ikemesit Amajak Eyo
    2. Sam Louis Levine
    3. Ronald Francis Debranski II
    4. David Brian Weinberg
    4 lawyer answers

    Sounds like you probably have a worthwhile case. Let an attorney take a look at the contract and discuss the facts regarding the cancelled event. There are many attorneys that will be happy to help you. Most of my practice involves litigating issues just like this arising out of business deals. While this looks like a breach of contract case, often there are statutory violations which may entitle you to more damages than just a refund of your money. Before you rush into magistrate court,...

  7. Transfer of Lease(Commercial Gas station ) LL is not responding to my Buyers offer? what do i do?? very frustrated tenant?

    Answered about 2 years ago.

    1. Glenn M. Lyon
    2. John Andrew Creasy Jr.
    3. David Brian Weinberg
    3 lawyer answers

    You have received short answers to your questions. To the extent your lease is lawful it governs the relationship between you and the landlord. If either of you don't follow the lease, you may be in breach, and subject to a lawsuit. I would agree that the landlord typically cannot terminate your lease in 2014 unless there is a contractual basis to do so, i.e. you are in breach, or other landlord termination right. You need an attorney to review your lease to give you a definitive answer....

  8. When is the BEST time to file a motion for a summary judgment against the defendant in my case??

    Answered over 2 years ago.

    1. David Brian Weinberg
    2. Ikemesit Amajak Eyo
    2 lawyer answers

    In general, conduct your discovery and then file a motion for summary judgment after all discovery is complete. During discovery, you will be able to ask the defendant for all the evidence he thinks supports his defense, including a video, if one exists. You should use a Request for Production of Documents to get a video, documents, or other tangible evidence. If defendant doesn't produce a copy, then he can't use it in evidence against you, so there is no need to ask the judge to compel...