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John Noah Kitta

John Kitta’s Answers

6,342 total


  • I have civil case settlement conference with judge. and I have to travel for work on the same day. Can I send my friend instead?

    We have trail immediately 2 weeks from the settlement conference. Please advice, if I need my presence or I can send my friend with my authority to her to decide on the settlement. I trust my friend completely. She is also a para legal

    John’s Answer

    The simple answer to your question is no. Also, the judge may not take kindly to your non appearance.

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  • Pool and Picnic Area Access

    My husband and I are renting a condo. We have a gated pool with a picnic area within the gated area. The HOA people prevent any access to this area between November and May by chaining the gate shut. Can they do that, since access to pool/picnic a...

    John’s Answer

    You should take a look at the CC&R's, Rules and Regulations for the HOA. If your landlords knew about each restriction, they probably should informed you of the same. You may want to negotiate some rental reduction based on the fact that you were not advised of the period of non use ability.

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  • Is a judge allowed to not give me full-custody of my grandchildren if I don't have a driver license?

    I have had temporary custody of my grandchildren and I was trying to receive full custody. Everything the investigator gathered was good, She found that the children weer in good health and happy and in great living conditions. But when she found...

    John’s Answer

    A Judge can make a decision for many different reasons. This Judge may believe that for the health safety and welfare for the children, they need to have an available driver. Whether it be for going to school, after school activities or whatever involvement in life they may have.

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  • I'm trying to administer my mother's trust and transfer property to beneficiaries but the deed names my mother incorrectly.

    The deeds for two properties are incorrect with how my mom is named and also how the trust is named. The first deed names her “Susan as Trustee." The trust says “Sue as Trustee." The second deed names the trust as the “Susan Revocable Trust." The ...

    John’s Answer

    I agree with Bert Z. Tigerman. Good luck.

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  • Can a Child Support Commissioner change a Family Court Judges special agreement order?

    Two years ago my Childs mother did not want to do the 1.5 hr drive for visitation so she proposed a modified support order of $300 a month with visitation by Mutual Agreement.. This was her idea and she hired an attorney to write it up and submit ...

    John’s Answer

    I agree with April Kang Seo. Good luck.

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  • Will my foreign fiancee's American criminal record prevent her from being able to marry me in the US?

    My fiancee (a foreign national) was arrested for shoplifting when she was a college student. I am a US citizen and we'd like to get married in the US. Would her criminal record bar her from being able to marry me?

    John’s Answer

    I agree with Caroll Straus. Good luck.

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  • I have a flood in condo from upstairs neighbor, Travelers took responsibility, can i ask for my loss wages and pain & suffering?

    Flood was her fault, travelers is paying AAA, who is my insurance however it's been 1 month and still needs to be repaired. it's been a very difficult living arrangement with many walls and ceiling areas removed. I feel i should recieve pain an...

    John’s Answer

    I agree with Nicholas Spirtos. Good luck.

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  • Our original visitation order lists concrete pick up and drop off times for visitation. The new one doesn't.

    Our original custody order listed specific days and times for visitation. The new order includes overnight visits and just says "after school" to "after dinner". Originally, the exchanges would occur when our 6 year old son went home with his moth...

    John’s Answer

    In regard to your new court order, it appears your ex may be in violation of the order if she is not allowing you to have physical custody of your child directly after school. Honestly, these are the issues that should be worked out between you and your ex. Otherwise, your only other option is to go back to court, which may take several scheduled hearings, additional meetings with the mediator, and much consternation and expense.

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  • What attorney with knowledgeable about construction loan's underwriting ?

    I am looking for a trial attorney who can look at the closed construction loan file and see if there are any thing wrong in the foreclosure from the bank.

    John’s Answer

    In addition to Mr. Spirtos's response, make sure the banking lawyer or lawyers you select to interview have extensive experience dealing with construction loans. (i.e. If your banking lawyer specializes in credit card transactions, he or she may not be too useful).

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  • Should I include a verification clause in my request for docs (divorce/California) or just with interrogatories?

    This has to do with a divorce. I think the question asks it all but if not clear I will comment to responses that request more info. thank you.

    John’s Answer

    There are a number of rules associated with the discovery process. You really should sit down with an experienced family law attorney and get some direction in regard to procedures, timing, and requirements to perfect your rights to receive responses to your discovery.

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