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John Noah Kitta

John Kitta’s Answers

6,236 total


  • Opposing council setting deposition for key witness after their motion for summary judgment.

    The single most important witness in my public sector employment-law case has stated he will testify immediately. Our employer (defendant) is representing the public entity and this witness, and says the witness won't be available for deposition u...

    John’s Answer

    I agree with Frank Chen. Good luck.

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  • Will the court grant and/or allow me to file Court Fee Waiver for Mediation if I have already paid court fees ?

    Plaintiff Pro Per - Civil Unlimited auto accident personal injury. I borrowed to pay court fees. I am unable to afford court costs. I would like to file Court Fee Waiver for Mediation. The Mediation court documents state that Mediation fees will...

    John’s Answer

    I agree with Peter A. Mankin. Good luck.

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  • How to serve in person when persons address is unknown ?

    Contempt motion ( yesss, I am very willing, able, competent,capable , ready, motivated, excited to hire an Avvo attorney who is practing in / around Alameda / San Mateo County) requires personal service. How does one serve if the person has a PO ...

    John’s Answer

    There are resources on the internet that are very good at identifying current and past addresses of individuals further, the fess are very nominal.

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  • Is a bank account that's opened in the name of one spouse, but funded from monies from a joint account considered community?

    Husband opened account in his name only 5 years ago. For the 15 years before that, we've shared a joint account. The source of income, as far as I know, has not changed (family business) and the reason he stated he wanted his own account was to ju...

    John’s Answer

    If all the funds put in his separate account were from earnings made earlier in the marriage, then the entire separate account is community property.

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  • My husband filed for divorce. We have a 3 year old. I'm the higher income earner. He waives his right to support and property

    All he wants is a visitation schedule to see our child every other weekend. We agreed that he will not pay child support either. I am fine with that and can easily support our child. Can I put that in writing? What is the best way to handle the...

    John’s Answer

    There is no verbiage you can put in the MSA which will guarantee there will be no child support. The Court will retain jurisdiction of the issue until the child reaches the age of majority. At any time, either party can go to the Court and request child support, and the Court will do what is in the best interest of the child. Both parents have an obligation to contribute to the support of the child. The Court may accept no child support in the MSA, but once again either one of you can go to Court on a motion to modify in the future.

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  • Real Estate/Bankruptcy Question: I filed bankruptcy, and two lenders, Lender A and Lender B said they owned the NOTE. They each

    filed a claim. An attorney appeared in Court for Lender A, and said she worked for Lender A, but Lender A is defunct. Next, Lender B' s attorney says Lender B owns the Note. Neither one objected to my Chapter 13 Plan, and the Judged approved it. ...

    John’s Answer

    If the Judge approved the plan, I do not believe you will have any problems.

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  • Can we get a representation in a case against lanlord. City has fined lanlords for not providing habitable places to tenants

    City has fined landlords for not providing habitable places to tenants and filing unlawful eviction to tenants with disability without any cause and without proper lodging. We been living there for over 25 yrs and landlords never did any repairs o...

    John’s Answer

    In addition to what has been told by other legal counsel, make sure you find an attorney who is specialized in landlord/tenant matters.

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  • When a judge decides how much child support the other parent has to pay is child care included?

    Hello, I have 5 kids 8yo ,5yo, 4yo,17 month old and a 6month old. Just recently separated from my kids dad he was the only one working and now I'm homeless with all my kids and I need to get back on my feet and start working I have no family in th...

    John’s Answer

    Mr. Kempen is correct. The award of division of child care costs is an add on cost over and above your State mandated child support.

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  • What attorney do I need?

    I have been in a hostile environment at work, where the executive director brings alcohol to work and drinks with the people who choose to! Since I totally do not agree with that I am talked about even when I am around. Someone was hired before ...

    John’s Answer

    I agree with Neil Pedersen. Good luck to you.

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  • What questions can be asked to a childs Pediatrician in a suspected child abuse matter ?

    In family law matters, it is not uncommon for spouses to allege child abuse or neglect. The childs Pediatrician could be a key witness in providing information on the matter. What questions can the accused parent ask the Pediatrician which can lea...

    John’s Answer

    You very, very need to seriously consider retaining the services of an experienced family law practitioner who has dealt with expert witnesses. If you attempt to do this yourself, you are going to be on a most slippery slope.

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