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John Noah Kitta

John Kitta’s Answers

6,342 total


  • Need an attorney for Mexico Timeshare cancellation and credit report adverse account removal?

    We joined a Mexico timeshare 8 years ago, and the membership is paid off. However, we couldn't book any hotels since 4 years ago, so we stopped paying the annual maintenance fee. Now, the adverse account showed up in our credit report (from a coll...

    John’s Answer

    Make sure you retain an attorney VERY familiar with timeshare issues. Timeshare companies are notorious in regard to being unreasonable, unmovable, and non-negotiable.

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  • Contempt of order with ex parte application?

    Spouse is not following Court Order (so many times...). It is a time sensitive action where I depend on spouse doing X for me do Y. Without X, I cannot do Y (Y is approved item in Court order). ALA FL-010 seems to be crafted to follow FL 305 and...

    John’s Answer

    The Court will not consider a request for finding of contempt on an ex parte basis.

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  • Can law enforcement entity keep, operate, control, buy or sell ideas acquired under surveillance without creator's permission?

    If a corporation makes a material gain from the ideas(intellectual property)/music and lyrics and they intended not to pay the creator with no credit, compensation, or control has fraud occurred? I need a 510 lawyer to represent me in my case wh...

    John’s Answer

    If you have created a product, a song or anything of value, and you have not agreed to allow other people to use it without payment then fundamentally, you should have a right to compensation if in fact whatever you produced has value. Follow Mr. Doland's instructions and seek out legal counsel.

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  • What are remedies for personal property loaned over the course of 20 years, but refused to be returned?

    I provided my 40'x24'x12' office trailer to a church in Oakland to use over the course of a 20 yr period during a long construction phase in building the church. At the time of loaning the trailer, I made a verbal agreement w/ the project manager ...

    John’s Answer

    I guess it depends on how aggressive you want to be. If you hold legal Title to the trailer, you may just want to have it picked up and removed from the church property. If you go to Court with the issue, it is going to be a matter of evidence and proof, and if you can prove up to the Court that you gave him a license to use the trailer, but no ownership interest in the trailer. I think you would have a good possibility of being successful in the Court system.

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  • My employer will not put me on the books and is not paying my pay check

    Livermore California

    John’s Answer

    You are a little light on the facts. If you are really an employee, then it sounds as if your employer is violating the law. File a complaint with the California State Labor Board.

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  • How do I get a corporation I am suing to produce documents for inspection and copying during deposition?

    The law I see, Deposition Notice Section 2025.280, refers to getting these documents when a physical testimony deposition is held. But I am deposing employees for testimony and want to ask the corporation to produce the documents, possibly adminis...

    John’s Answer

    You are getting into a dangerous area of playing lawyer. The discovery act is relatively sophisticated, but you certainly can request a production of documents from the custodian of records of the Company, or the most knowledgeable person.

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  • Paternity Issue

    My sons father has never had anything to do with him, and my ex boyfriend that I was in a relationship with during my pregnancy signed the birth certificate. Now that we aren't together, and I have taken a paternity test with a private firm for c...

    John’s Answer

    It does not sound like you have a paternity issue. If your ex is willing to admit to paternity, then move forward and obtain an order for child support. Move forward quickly before he changes his mind.

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  • Can a Plaintiff oppose to a deposition which is part of the discovery process? or it is not allowed? Is it not for defendants?

    In a federal civil trial, which is at pre-trial discovery process, who are supposed to be deposed? Defendants and/or plaintiffs? Can the plaintiff oppose a deposition request or it is mandatory?

    John’s Answer

    The only reason a motion can be filed to delay a Plaintiff’s deposition is if you are hospitalized under doctor’s orders.

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  • My business partner and I just closed a real estate deal and he stole my proceeds (hundreds of thousands). How do I proceed?

    My business partner owes me hundreds of thousands of dollars. We bought and flipped a home, it just closed a couple days ago. He didn't give me my share of the proceeds. I have the original deed that was signed and notarized that shows I was 50% o...

    John’s Answer

    You need to hire an experienced Real Estate attorney who can file a lawsuit for Breach of Contract, Breach of Fiduciary Duty, Fraud, and Unjust Enrichment.

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  • Age / pay discrimination.

    California, at will, no union or group bargaining. I worked for Company S as a Security Officer. I provided security services for Company G. Company S cancelled the contract and was replaced by company A. My job and benefits were "grandfathered" t...

    John’s Answer

    I agree with Neil Pedersen. Good luck.

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