James Vincent Sansone’s Answers

James Vincent Sansone

Santa Rosa Family Law Attorney.

Contributor Level 11
  1. Ex doesnt do his taxes and gets paid under the table...could he get custody of our daughter???

    Answered about 2 years ago.

    1. Hillary Johns
    2. Roman Edward Ybarra
    3. Jonathan Paul Decatorsmith
    4. James Vincent Sansone
    5. Michael John Apicella
    5 lawyer answers

    If you establishing custody, which I highly recommend you do, you need to also request child support, especially if you have primary custody. When requesting child support he, as well as you, must fill out and file an Income and Expense Declaration. This is an income statement, signed under penalty of perjury, that lists all your income and all your debts. You are required to attached your two most recent pay check stubs, or if you are self employed, your Schedule C or some other profit and...

    3 lawyers agreed with this answer

  2. Do I have grounds to request a judge to recuse himself?

    Answered about 2 years ago.

    1. James Vincent Sansone
    2. Richard Forrest Gould-Saltman
    3. Inga L Stevens
    3 lawyer answers

    There are two basic methods exist by which a party may seek to disqualify a California judge: he may either challenge the judge for cause-- pursuant to C.C.P. Secs. 170.1 through 170.5--or file a peremptory challenge--pursuant to Sec. 170.6. You can only use Sec 170.6 prior to the judge making any substantive decisions in your matter. I wold think long and hard before you move to disqualify a judge. Based on the facts as your presented them it does not sound like 170.6 will work, thus you...

    Selected as best answer

  3. How to get 911 call and investigation details

    Answered over 3 years ago.

    1. James Vincent Sansone
    2. Bernadette Maxine Marcy
    3 lawyer answers

    With no underlying criminal complaint or civil action you don't have subpoena powers. You can try to attempt to call the PD and see if, and how, they allow persons, absent legal process, to obtain these records. Normally you need a discovery authorization to obtain these records. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 jsansone@jamessansonelaw.com www....

    Selected as best answer

  4. Do i have to include wrongful death income in a means test for bankruptcy

    Answered over 3 years ago.

    1. Theodore Lyons Araujo
    2. James Vincent Sansone
    3. Jovan Anthony Johnson
    4. Dorothy G Bunce
    4 lawyer answers

    Yes, it is income. However, it may be exempt depending on what set of exemptions you are using (i.e. CA System One or System Two exemptions). James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 jsansone@jamessansonelaw.com www.jamessansonelaw.com http://blog.jamessansonelaw.com DISCLAIMER / REPRESENTATION NOTICE: Unless you have previously retained the services of...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  5. Unlawful detainer: is a judgement and an eviction the same thing?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Leigh Boyer
    3. James Vincent Sansone
    3 lawyer answers

    It depends what you signed. A stipulation for entry of judgment cold have protected your record. A stipulated judgment will not. It sounded like you settled. If you went to court and agreed to a judgment, yes it's on your record. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1260 N Dutton Ave, Ste. 135 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 542-5655 jsansone@jamessansonelaw.com www.jamessansonelaw.com The information contained in...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. $1450/month lease ran 4/2006 through 4/30/07, thereafter (without further changes)continued at same to present. re: 60 days:

    Answered over 2 years ago.

    1. James Vincent Sansone
    2. Frank Wei-Hong Chen
    2 lawyer answers

    It depends if your lease converts to a month to month at its expiration or it renews for another set period. If it converts to a month to month you are entitled to 60 Day Notice so long as you are current on rent. If it renews for another set period you must comply with the lease terms. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1260 N Dutton Ave, Ste. 135 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 542-5655 jsansone@jamessansonelaw.com...

    1 lawyer agreed with this answer

  7. Can I legally change my daughter last name without the fathers consent????

    Answered over 2 years ago.

    1. Michael John Apicella
    2. Frank Wei-Hong Chen
    3. George Baker Richardson
    4. James Vincent Sansone
    4 lawyer answers

    Yes, but he must be given notice of your petition to change your daughter's name. And yes, he can oppose the petition. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1260 N Dutton Ave, Ste. 135 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 542-5655 jsansone@jamessansonelaw.com www.jamessansonelaw.com The information contained in response is provided for informational purposes only, and should not be construed as legal advice on any subject...

    1 lawyer agreed with this answer

  8. If I am a subtenant does my landlord have to pay me my deposit back or the tenant?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. James Vincent Sansone
    2 lawyer answers

    As a subtenant your "landlord" is the tenant NOT the tenant's landlord, thus your security deposit must be returned by the tenant. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1260 N Dutton Ave, Ste. 135 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 542-5655 jsansone@jamessansonelaw.com www.jamessansonelaw.com The information contained in response is provided for informational purposes only, and should not be construed as legal advice on...

    1 lawyer agreed with this answer

  9. I filed for bankruptcy prior to being sued for construction defects. All debts have been discharged so why isnt the case gone?

    Answered over 3 years ago.

    1. Brad S Hindley
    2. Malcolm Wallace Ruthven
    3. James Vincent Sansone
    4. Peter Scott Bauman
    5. Frank Wei-Hong Chen
    6. ···
    6 lawyer answers

    If it was a personal bankruptcy, your personal liability for the lawsuit is extinguished upon receipt of your discharge. Sometimes it takes creditors some time to file the dismissal. If there are other named defendants who have not filed bankruptcy the lawsuit can still be prosecuted as to them. Is your business a corporation or LLC? If so, your personal bankruptcy does not extinguish the liability for your company, as it would be a separate legal entity. What is the state court lawsuit...

    1 lawyer agreed with this answer

  10. In a Chapt. 11 Bankruptcy adversary case

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. James Vincent Sansone
    3. Robert Daniel Kelly
    3 lawyer answers

    No you are not required to respond to any of the affirmative. However, you can file a motion to strike the affirmative defenses if the facts don't support the defense, but this is probably a waste of time as it would not accomplish much, except drive up the other side's attorney bill, if he has an attorney, which may be a benefit to you. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611...

    1 lawyer agreed with this answer