Skip to main content
John Noah Kitta

John Kitta’s Answers

6,342 total


  • Who is the current judge for Department 504 (Family Court - Hayward)?

    Current family judge for Hayward (Alameda Court - Family Law) - Department 504

    John’s Answer

    Mr. Burns is correct, there are ongoing changes of Judges in the Departments. At this present time, I believe Commissioner Elizabeth Hendrickson is presiding.

    See question 
  • Can employer impose Non-compete_clause on me and force me to not join competitor company. how to deal with this.

    i am working(past 3 years) for an IT company in California state and my employer is based on Illinois. I have decided to change my job to a competitor company which is serving same client as my current employer. Current employer has sent an Lega...

    John’s Answer

    It sounds as if your facts are workable. You should contact Avvo and find an experienced Employment lawyer. The law is well defined in this area, and you have significant rights.

    See question 
  • If father doesn't disclose his full taxable income for private agreement of child support can I request it without court order?

    Trying to set up private agreement without court order. The father of minor is not willing to pay as much as set by the DM report, based on his salary only. Furthermore, he is not willing to disclose his other taxable income (he thinks in a privat...

    John’s Answer

    The only real relief you are going to receive is by and through the Court system. You need to file a motion and get an order signed by the Judge, which will be enforced. Otherwise, it doesn't matter how much evidence you have supporting your contentions, your ex could simply ignore your requests.

    See question 
  • How can I legally obtain the judgments I assigned, that were not mine back?

    I assigned 3 judgments to a firm to collect, I have tried obtaining the judgments back and have not had much luck. The judgments were my mother's but I have Power of Attorney. Could I legally have had the authority with POA to assign judgments?

    John’s Answer

    Without question, you need to have an attorney carefully review the Power of Attorney and analyze the language contained therein. Otherwise, the only thing an attorney can do is make a smart guess; this is not a good practice of law.

    See question 
  • I told the judge I live in the county where my child custody was heard but I really don't. What to do now?!

    My child was born and resides outside the county where our custody case is being heard, but when asked by the judge do I live in the county, under pressure I said yes when I really don't and the judge orders that the child cannot be removed out of...

    John’s Answer

    You have a most troubled situation. If you are sworn in under oath and lied to the Judge, this sounds as if you may have committed perjury. All in all, I have to agree with Ms. Straus's opinion.

    See question 
  • Are there reasons for appeal in CA civil court that is similar to attorney not representing correctly or misconduct?

    I know this type of appeal is only for criminal. But is there something like it at all in CA unlimited civil court? What about if my lawyer did not tell me about the denial of motion, failed to send me paperwork showing motion denied, was suppo...

    John’s Answer

    If your attorneys conduct was grossly negligent, and you lost a case based on that inaction and/or gross negligence of the attorney, there have been court of appeal decisions allowing for the Judgment to be overturned. This litigation can be an extensive and expensive, therefore, if you wish to go this route, be sure to retain an attorney in your area with specialized experience in the appellate court process.

    See question 
  • Is there a resource that defines when a school vacation begins and ends?

    My ex and I share school holidays 50/50. The upcoming winter recess begins on Friday 12/18, school doesn't resume until Tuesday 1/5. In my opinion, common sense and logic dictate that same time as school vacation time. My ex is ready to go to cou...

    John’s Answer

    From the limited facts you have presented, it is my thoughts that your opinion concerning visitation dates seem to be more appropriate, and could probably be adopted by court as its ruling; however, keep in mind that this issue should have been discussed in mediation and the mediator most likely indicated his/her recommendation over this issue in their report for the Court's consideration.

    See question 
  • Subpoena to eBay and PayPal

    My husband's business is on eBay. He has tens of thousands of dollars of income through his PayPal account, but he denies it. But now he wiped out all the records. I called eBay and asked for the legal department, but they refused to provide an...

    John’s Answer

    You will need to file a lawsuit to obtain the subpoena powers of the Court, and have the Court order a production of the documents.

    See question 
  • What CA civil code or case law represents: Execution of a judgment can only be issued against one who is a party to the action.

    Looking for anything that says judgments can only include parties allowed in the case. For instance, if a plaintiff adds a party to a case without asking the court and the court strikes the party from the case and finds any causes pertaining to th...

    John’s Answer

    If the Judge has stricken one of your Defendant's from the case, you have no ability to enforce the Judgment as against this Defendant.

    See question 
  • Townhouse. Roots growing into sewage line, all drainage is blocked. Tree in common area. Drain clogged from unit to main.

    Association contracted a plumbing company for a quick fix. They cleared the clogs by removing roots but it worked only for 3-4 days and now the whole house is unusable and we are moving into a hotel. I don't have access to reports but they (HOA) h...

    John’s Answer

    The homeowners association should be charged the responsibility for maintaining all the common area. If the tree is growing in a common area, and its roots are causing damage to your unit, they certainly should be responsible for all damages you suffer as a result of it. If they fail to maintain the root problem, have an experienced real estate attorney review your CC&R's and contact the HOA.

    See question