Skip to main content
David A Barra

David Barra’s Answers

46 total


  • Are filings with the court considered "public record"? If so, what does that mean in terms of ability to post them publicly?

    for years I was the victim of covert abuse and that has only been amplified ever since legal proceedings were initiated. Slander and all out lies regrinding our family law case have gone full tilt and it's gotten to the point that I wonder if it m...

    David’s Answer

    Whether the documents are public or private depends on California law and/or whether the court has issued an order making them private. In general records filed with the court are public and can be shared.

    This sounds like a sufficiently important question for you that I think you should find a lawyer in your area to all about your options.

    See question 
  • We've all just learned of "vexatious litigants." Is there a list, naming vexatious litigants, by state?

    I was told my stalker "sues everybody." I'd like whatever proof there is.

    David’s Answer

    In addition to the other suggestions, another option is to ask in discovery for a list of all suits your stalker has been involved in. If your research finds ones that the stalker doesn't list you may have some useful material to impeach.

    See question 
  • What is the next step in Summary Judgment after 20 days

    We made a motion for summary judgment, submitted affidavit and documents. 20 days are over and there is still no response from the other party. What is our next step?

    David’s Answer

    In general once the time for a response has passed, the court will take it under advisement and issue a decision according to its own schedule and workload. You may call the clerk's office to be sure nothing has been received by the court. Sometimes litigants forget to send copies to the other side.

    See question 
  • How to set a motion for hearing ?

    In Texas Courts, licensed counsel file just about everything electronically these days. TX Supreme Court mandates e-file for Attorneys, but self represented partites can (usually) get by with a paper motion, at least until the rules change. So, ...

    David’s Answer

    I think the quickest way to get a response to this inquiry is to call the clerk's office or find an attorney in your area to represent you. Local practice questions like this aren't typically something someone from outside the area can answer.

    See question 
  • What type of atty do i need?

    No contract but i have plenty of doc to show a judge everything they would need to be satisfied it was a loan and the amount. do i need a litigation atty maybe? this may go to a federal court. loan is over 100k. Thank u.

    David’s Answer

    With that amount of money in play I'd recommend finding a lawyer in your area who does commercial litigation. Not sure I understand why federal court unless the other party is not an Arkansas citizen.

    See question 
  • How do I file a motion to vacate judgment. Sued by apartment company

    I am being sued by my apartment company for ($750), for damages to carpet. I called the lawyers as soon I received the court papers, but all effort to get them to drop the lawsuit failed. I am currently out of job and i can't even commit to a mont...

    David’s Answer

    If the judgment was entered because you didn't answer the complaint by filing something with the court, you may be able to ask the court to re-open the case and allow you to file an answer. The court clerk's office may be able to direct you to a resource for a form to use and let you know if there will be a charge to file the motion. Most court's don't favor default especially if you have a valid defense.

    There may be other hurdles to re-opening this. You may want to check out if there are legal resources available to you.

    See question 
  • Civil case

    i represent myself to file complaint against my ex for internet defamation at civil court. the next step is discovery. what should i do for it?

    David’s Answer

    What you can do for discovery in your case is controlled by the rules of civil procedure. You should consult an attorney familiar with them if you cannot determine what is allowed yourself.

    Generally you should consider asking for all facts upon which denials of the allegations you've made in your complaint are based and al facts upon which any asserted affirmative defenses are based. Asking for the documents which support those responses may also be a good idea.

    See question 
  • My son was arrested in mobile alabama for driving on property owned by the Mobile Water Board.

    never had previous record, no posted signs, no gate. He is 18 and was with his uncle 31 the police arrested them, took them to jail, they were booked on 2nd degree tresspassing. His truck was impounded

    David’s Answer

    You should seek out an attorney who practices in your area to help you determine whether the issues you raise constitute any kind of defense.

    Local and state laws will control here and you would be best served by speaking with someone familiar with them.

    See question 
  • In regard to an individual that works for the city of Rancho Cucamonga, using his position to harass me

    Are there any laws that prohibit a city employee from using his authority to spitefully harass an individual through city citations, and numerous "time wasted" police visits, with obvious false allegations in the city of Rancho Cucamonga? If so, w...

    David’s Answer

    Typically state laws deal with harassment. What constitutes harassment can be difficult to determine for a layperson reading a statute. I think it makes a lot of sense to find a local attorney who practices in this area to discuss whether the facts of your case merit legal action.

    See question 
  • Noise ordinance regarding neighbors

    I live in a duplex and was just curious if there is a noise ordinance governing my neighbors tv surround sound/music? You cannot hear the noise outside however it is very loud in my house. The bass from the television and music rattles my walls. T...

    David’s Answer

    Noise ordinances are typically locally adopted. Sometimes homeowners associations adopt bylaws restricting noice. To find out if your property is covered by a noise restriction you can contact your local zoning office and your homeowners association.

    Ordinances can be tricky to read so you may want to contact a local attorney for help.

    See question