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James Vincent Sansone

James Sansone’s Answers

128 total


  • If someone you want as a witness can't attend a trial for work issues etc. can they submit a written declaration to the court?

    If such a declaration is involved in a request for restraining order case, will such declaration be accepted into evidence, especially if a contact phone number is included? Can this be presented to the other attorney and the judge on the day of ...

    James’s Answer

    No, because the other side loses the chance to cross examine them. However, if the witness is a material witness and there is "good cause" for their absence, the court may grant you a continuance. However, in my opinion, conflict with their work schedule is not good cause.

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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  • If i submit my witness list one week prior to trial to the opposing attorney and court can I remove them at trial if necessary?

    This is a hearing for a restraining order. Am i able to just notify the judge at the open of trial that I will not be calling the following witnesses, especially if 15 or so are on the list? Can some of the witnesses on the witness list be peopl...

    James’s Answer

    You are not required, at least in Sonoma County, Napa County, Mendocino County, Lake County, and Marin County, to call all the witnesses on you list. The list is used only to put the court and the other side on notice who your witnesses may be. It is also designed to allow the other side to interview them.

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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

    we went to court for an unlawful detainer, met with the plantiff's lawyer and we agreed that we would move out and pay the remaining balance owed. the paper work was presented to the judge and everything was finalized. Now we are looking for a pla...

    James’s Answer

    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 response is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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  • Do I have grounds to request a judge to recuse himself?

    Bitter custody case involving domestic violence on children and 2,600 mile move away. Minor's counsel was appointed and disregarded all evidence of previous DV and neglect by mother against children. Minor's Counsel recommended youngest daughter t...

    James’s Answer

    • Selected as best answer

    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 are left with the other methods, which are not slam dunks. If you lose, you will be before the judge who you tried to disqualify. Probably not a good thing.

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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

    my ex did taxes once the five years we were together. our daughter is 4 and we have a verbal agreement of week on/off. we live three hours away from each other and im the one who takes her to doctors appointments and claims her on taxes each year ...

    James’s Answer

    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 loss statement. If you feel he is being dishonest about his income, you can compel him to produce bank statements and other financial documentation in a effort to prove how much income he actually makes.

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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

    On May 4, I get "rent increases $200/month starting July 1.In hindsite, it seems designed to make me say "I'm leaving." But it didn't. On June 4, I get 'termination of month to month' and 'notice to vacate.' 'notice of property inspection June ...

    James’s Answer

    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
    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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

    I have a 1 year old and I want her father last name from the birth certificate. Her fathers information is not in the birth certificate so will if be O.K or easier to do it without his consent ??

    James’s Answer

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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

    I moved into a house as a subtenant and am not on the lease. I am now moving out and my landlord will not give my deposit back. She insists that the tenant must pay me my deposit and not her but the tenant will not issue me the money.

    James’s Answer

    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 any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

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  • With divorce mediation, do I have the right to copies of documents prepared and filed for my divorce?

    It states in the agreement that: "Mediation relies on confidentality. You agree not to utilize any information, including drafts of any document prepared by the mediator in court or otherwise against the other person(s) in mediation. (Lawyer's na...

    James’s Answer

    Any documents "filed with the court" are a matter of public record, thus you have a right to obtain copies of those documents.

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

    See question 
  • Can a collection company/lawyers take my retirement to pay back my sons student loan?

    My son has a student loan that I co-signed for. He has only just started working at a job that he can afford to pay it back. He recently received a call from an attorney's office. He has offered to set up a payment plan but they're saying that i...

    James’s Answer

    Monies in a qualified retirement account (i.e. IRA, 401(k), etc.) are exempt under both CA and federal law. So long as the money remains in a qualified retirement account, it is protected up to certain limits. The limits can be unlimited or maximized at a pretty substantial amount, depending if your retirement account qualifies as one of the accounts defined by the IRC or is just simply a general retirement account.

    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 matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response.

    Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.

    See question