Skip to main content
Dominique Nghi Thieu

Dominique Thieu’s Answers

122 total


  • I filed a Trial Exhibit List with reservation to include additional exhibits for rebuttal and impeachment purpose.

    The additional exhibits are not in the Trial exhibit List. Do I have to give OC all copies of the additional documents before close of discovery even though they are not listed? Do I have to include them in the Trial exhibt list before trial. I...

    Dominique’s Answer

    I agree. You have to amend your exhibit lists if the exhibits are not for impeachment purposes. You should send a copy over to opposing counsel before trial.

    See question 
  • Subpoena service for family court

    An attorney is trying to serve me with a subpoena to appear in family court in 3 days (on a monday). it is the friday before the court date, and I am out of town. If the process server does a substitute service with my housemates, and I am unabl...

    Dominique’s Answer

    I agree with my colleagues. You are not required to appear if you are not personally served with the subpoena. However, why are you being served with a subpoena? Are you a witness? If you are a party to the family matter, no subpoena is required; and most family court allows telephonic appearances. You just have to ask and can use CourtCall unless it's an evidentiary hearing.

    See question 
  • I started filing out the proof of service and it states that the server is serving a SUMMONS and COMPLAINT. Thats not true.

    The papers being served are only copies of my writ of error Coram Nobis to the District Attorney's Office as a notice that the Writ was filed. As I understand , It has to be served , and proof of service filed before I can get a hearing date. Am I...

    Dominique’s Answer

    You are using the wrong form. Most Proof of Service forms can be downloaded: http://www.courts.ca.gov/forms.htm?filter=POS

    You can also create your on pleading for the Proof of Service.

    See question 
  • My son who is 33 was coerced to sign a quitclaim deed over to his father who had it motorized but has not filed it

    is it still binding? It is a single family dwelling

    Dominique’s Answer

    Who currently has the Quitclaim Deed? It is difficult to properly answer your question without further information. You may want to consult with an attorney. Technically, since your son signed the deed and went to a notary public to notarized it, the document is binding. If there is foul play, then your son can bring a quiet title action as well as cancellation of the instrument, etc. Then again, if the document is recorded and your son is in possession and he never tendered (or give) to his father, then arguably, there is no transfer. Consult with a real estate attorney.

    See question 
  • Is it true, I read from the web that if foreigners buy a house worth 500,000.00 they can get a green card?

    What about buying different houses at different prices that adds up to 500K does that count ?

    Dominique’s Answer

    Mr. Millard is correct that the Bill has not passed. However, there is the EB-5 Green Card Investor visa where you can invest $500K for passive (indirect) investment into a Regional Center or invest $1M direct investment into your company. The condition is for the $500K/1M investment to create 10 full time jobs in 2 years.

    See question 
  • Can my husband take half of the business that I started %100 from the money I received from a lawsuit due to my injury

    After the settlement of my lawsuit. I opened a business and my husband is an employee at the business. Ever since then he stoped taking care of the family and my kids. Every time we argue he threaten me that he will take half of the asset from m...

    Dominique’s Answer

    How was your business set up? Sole proprietorship or corporation? If corporation, did you issued shares? Your husband would probably still get 50% of the business personal injury damages that satisfy a judgment or settle a claim are community property if received for a spouse's personal injuries suffered during the marriage. You should consult with a family law attorney and retain a business valuation expert.

    See question 
  • Hello Kitty shirt made by fan

    I made a shirt and created an image of hello kitty and put it on the front of the shirt . Am I infringing on any PI laws ? I'm not selling it , I'm just a big fan and wanted to make a shirt with Hello Kitty on it .

    Dominique’s Answer

    I agree with my colleagues. There is potentially both a trademark and copyright issue. However, HK will probably not spend thousand of dollars in attorneys' fees if you are making t-shirts for yourself. You will get a cease and desist letter should you start marketing to sell your HK t-shirts.

    See question 
  • If I hat ordered for deportation in my hearing tomorrow, is there a way to appeal and keep my Stay in this country ?

    If I hat ordered for deportation in my hearing tomorrow, is there a way to appeal and keep my Stay in this country ?

    Dominique’s Answer

    I agree with my colleagues. You can file an appeal. Also, what country are you from? Your country of origin would have to take you back in order to be deported back to that country. Consult with an experienced immigration attorney to help you prepare the appeal. Good luck.

    See question 
  • My son signed a birth certificate but is not the father . Now they are taking his income tax . What can he do ? ?

    The girl is getting state assistance and they are taking the income tax . He is not with the girl and does not see the kid . HELP

    Dominique’s Answer

    I agree with my colleague. Was your son married to the woman at the time? If not, then there is no presumption that he is the father. But since he signed the birth certificate, it is presumed that he is the father. He needs to consult with an attorney to help him fix the situation and definitely get a paternity test to prove that he is not the father.

    See question 
  • A v v o ratings

    I notice A V V O has ratings, reviews for the lawyers. Example, some have a 6.5 rating others have a 9.0 and others have no ratings listed. How is this determined? .

    Dominique’s Answer

    I agree with my colleague. Also, AVVO explains its rating system: http://www.avvo.com/support/avvo_rating

    See question