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James Vincent Sansone

James Sansone’s Answers

128 total


  • Can a guest of a tenant be asked to leave if she scares other tenants (crazy) but has never officially threatened or approached

    A tenant in my building has a sister staying with her that has a mental problem where she gets angry when people talk about her and starts cursing and talking loudly. she has never approached anyone or threatened anyone directly but we have heard ...

    James’s Answer

    Probably yes. If this is truly a "guest" and not a tenant or subtenant. However, if the tenant refuses, the landlord would be required to provide the legally correct notice and follow all property procedures to enforce said notice.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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  • What does "nonsuit the case" mean ?

    So, I was asking if we could stop the divorce from happening, even if we were pronounced divorced in front of the judge - in California. Mr. Christopher Jay Harding answered that we ask the court to set aside the order, then move to nonsuit the ca...

    James’s Answer

    A nonsuit, by legal definition, is ruling by the judge in a lawsuit either when the plaintiff (the party who filed the suit) does not proceed to trial at the appointed time or has presented all his/her/its evidence or, in the judge's opinion, there is no evidence which could prove the plaintiff's case. A nonsuit terminates the trial at that point, and results in a dismissal of the plaintiff's case and judgment for the defendant

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • How do I collect $15,000 I lent to a friend five years ago. He lives in FL and I'm in CA..

    He's only sent me one check for $140 in April 2010. Can I hire an attorney to file a lawsuit?

    James’s Answer

    You need to file a law suit for breach of contract. You probably need to file in FL, unless you can establish personal jurisdiction in CA.

    Personal jurisdiction, also known as in personam (against the person) jurisdiction, gives a court the authority to make decisions binding on the persons involved in a civil case. Every state has personal jurisdiction over persons within its territory. Conversely, no state can exercise personal jurisdiction and authority over persons outside its territory unless the persons have manifested some contact with the state.

    The US Supreme Court has held that courts could constitutionally exercise jurisdiction over a nonresident defendant if the defendant had sufficient contacts with the state such that forcing the person to litigate in that forum did not offend "traditional notions of fair play and substantial justice."

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • If I am a signer on another persons account, should they remove me if I have collections?

    If I am a signer on someone else's checking account, can a debt collector trying to collect a debt from me, attach the other person's account?

    James’s Answer

    If you are an authorized signer, probably not, but there might be exceptions to what I just said depending on your specific facts. If you are a joint owner or member, yes, the collector can garnish the account if you owe money.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • In a Chapt. 11 Bankruptcy adversary case

    Is the Plaintiff required to respond to the Defendants affirmative defenses? If so how much time is permiited for the response?

    James’s Answer

    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
    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • How do i know if my landlord is correct about me owing back rent?

    We recently have new managment at our apartment complex. New management has not given me my new lease which i signed in December 2010. Keys were stolen ask landlord to change my locks her respone was i needed to have $250 first. Someone came into...

    James’s Answer

    You should demand a full accounting of all the rent payments they have credited you. You need to also look through your bank records and find proof, copies of checks, withdraws, etc., of what you believe were you rent payments. Make sure all you rent payments were credited to you. If the landlord does not provide an accounting, if they file suit against you in unlawful detainer, you should obtain an attorney and do a Demand for Production of Documents re: a full accounting. You must be sure you have paid all the rent that is key.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • My divorce case was dismissed without prejudice in california.can i refile a new case in australia and petition for divorce?

    i filed for divorce in april 2009.she dragged it on and only stopped it from going into default at the last second.when the msa came around i agreed to everything she asked for ,but she kept on demanding more and more.in the end i gave up.fired my...

    James’s Answer

    I agree with Ms. Jett, you need to check the residence requiremetns for Australia. If you meet all the requirements, you should be able to file in Australia.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • Will a visitation schedule from a divorce decree in NM uphold in CA? My daughter lives with father in Ca, I got divorced in NM

    I was married and had a daughter with my husband in California, he was physically abusive, I finally got to a point where I was frightened for my life so I moved out of state to New Mexico. He was living with his parents at the time, I felt I need...

    James’s Answer

    Yes, a VALID NM order is enforceable in CA. I agree with the other attorney, while there are not enough facts presented, there may be future issues if NM did not acquire jurisdiction correctly. However, if the order is valid and your ex does not seek to challenge its validity, it is enforceable in CA.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • How to change to the divorce by agreement in the mid of legal procedure?

    My divorce case goes on for almost two years. The other party has a lawyer to present her. Recently, my wife and I reach a consensus to solve our issues and settle the divorce privately instead of continuing battle at the court. How should I ...

    James’s Answer

    You should prepare a Marital Settlement Agreement that addresses all the issues you have settled. I would recommend, at least, having an attorney review it. There are a lot of factors that go into a MSA, not simple what you and you’re soon to be ex have agreed on. There is no reason why the two of you have to go to court and argue if you are in agreement. All that needs to be completed and filed is all the required judgment paperwork, along with the MSA.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question 
  • Final Divorce pending. The dissolution filed 9/10 & final 2/11. Is this a legal separation and can I file single 2010 taxes?

    We have no debt together. No children.

    James’s Answer

    California uses the date of separation as the crucial date for determining the spouses' property interests: property acquired by a spouse after the date of separation is classified as that spouse's separate property, whereas property acquired before the date of separation is community property.

    The date of separation occurs when either of the parties does not intend to resume the marriage and his or her actions bespeak the finality of the marital relationship. No facts are determinative; the ultimate test is the parties' subjective intent, and all evidence relating to that intent is to be objectively considered by the court.

    You are still married in the eyes of the IRS until a judgment of dissolution gets entered.

    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 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 transmission, including any attachments.

    The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    See question