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David John Luca

Divorce and separation Attorney at San Jose, CA

4.9   114 reviews
  • Licensed for 17 years
    State CA
    Acquired 2005
    Status
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About David

Learn David’s areas of practice.

4
Practice areas
  1. Divorce and separation
    45%
    Experience in all areas of contested divorce and legal separation proceedings including inter and intra state jurisdictional issues, alimony, child support, custody, visitation, property division and valuation and division of complex stock options. Trial experience on all issues. Have also participated in numerous custody evaluations both through Family Court Services and with local private evaluators. Experience in restraining Order and civil harassment Order trials.

    17 years, 950 cases

  2. Criminal defense
    40%
    Experience in all aspects of criminal defense from misdemeanor domestic violence and driving under the influence cases to three strikes, violent crime and drug prosecutions. Well versed in criminal procedure including filing motions to suppress, researching and applying constitutional principles to criminal law and filing motions to dismiss. Experienced in all phases of criminal trial including jury selection strategy, direct/cross examination, jury instructions and closing argument.

    17 years, 750 cases

  3. Marriage and prenuptials
    10%
    Drafted various pre and post nuptial agreements to modify the principles and provisions of our community property law tailored to meet an individual's preference. Whether it is modifying the terms of alimony upon separation, protecting appreciation of separate property assets or confirming the separate status of a spouse-owned business, I have drafted it.

    17 years, 300 cases

  4. Uncontested divorce
    5%
    One of the areas of my practice I would like to see grow the most. The experience gained in a litigation setting directly impacts my effectiveness as a mediator. My attitude is that no problem is without a creative solution.

    17 years, 250 cases

My practice focuses on all aspects of family and criminal law, including case evaluation, alternative dispute resolution, formal discovery, motion work, trial, post-trial, and appellate matters. I have been licensed as an attorney in the State of California since 2005, am admitted to practice law in all California Superior and Appellate Courts, and have been admitted to practice in the United States District Court for the Northern District of California.

 

In the arena of family law, I have been involved in every type of family law issue imaginable. I have litigated restraining orders, custody and visitation, spousal support, child support, complex issues of property division, reimbursement claims, separate property claims, validity of pre and post nuptial agreements, etc. I have participated in trials covering all issues presented in family Court. I also serve as a volunteer arbitrator, mediator for the Court, and Temporary Judge. I have a very good working relationship with local Judges, Court staff, and even opposing attorneys.

 

In my criminal law practice, I have worked both misdemeanor and felony cases, representing clients charged with everything from misdemeanor domestic violence, driving under the influence, theft, etc. to more serious matters such as felony battery, assault, grand theft, sex crimes and drug cases. I have significant trial experience and motion practice, including the litigation of numerous dismissal motions, motions to suppress, and various post-trial motions under constitutional law.

 

I pride myself on four key aspects that I believe are essential to becoming a good attorney. First, I take extra care to make sure I am always available to my clients. Whether it is adjusting my work schedule to complete tasks on the weekend or returning phone calls and emails within twenty-four hours, I understand that nothing is more frustrating than being unable to reach your own attorney. Second, I make sure to involve my client at each and every step in his or her case. Under my watch, no client is “left in the dark” about what is happening with his or her legal rights. Third, I make sure my clients are informed about the status of their case at all times. I send detailed correspondence about every development and Court appearance in a case to my client immediately. Finally, and in my opinion, most importantly, I am completely open and honest with my clients. I refuse to exaggerate the likelihood of success or failure. With me, you will get nothing but the truth from beginning to end.

Contact David

Similar lawyers nearby

Law Offices of David J. Luca
1252 Park Avenue
San Jose, CA, 95126

Reviews

4.9 / 5.0
  114 customer reviews
Posted by Dennis | February 18, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Helpful, Knowledgable, Reasonable Rate
David helped me through my divorce process from start to finish. I have a busy schedule and really appreciated his help. Other than having to collect and send over my documents/records my time and effort required were minimal and David drove this to completion always showing up to meeting prepared and with options/next-steps to review together. Very glad to have found him after working with an SF-based firm that billed in the first month (10k) for document reviews & meetings what David billed me for the entire process start to finish over the course of 7 months. Highly recommend
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Posted by anonymous | December 30, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Excellent lawyer
Gets things done fast and efficiently. Great communication throughout and always has your back.
Posted by Kala | December 30, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Best lawyer
David Luka was my lawyer for my divorce and I was completely satisfied with his work and he was always courteous and helpful. I couldn't understand anything about my divorce and he was very helpful and friendly. I would strongly recommend him for everyone. He is efficient and knows how to deal with any difficult situation.
Posted by Aksh | December 30, 2022
This review is from a person who hired this attorney.
| Hired Attorney
The Best Attorney
One of the most talented Attorney, Professional Customer Service and thorough knowledge. In simple words, No matter what or how hard the situation is he will get you going and brings up a solution in terms of negotiation or arguments. He is the best. I’d personally recommend Mr Luca to anyone going through tough times or having criminal related issues. Thank you David for everything you do.
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Posted by anonymous | June 20, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Highly recommend David and his services
David for me was a fantastic attorney. He was the perfect combination of empathy and strength. At no point did he say or insinuate that I should go after more than my share of the assets as prescribed by the state of California, yet was absolutely firm and resolute that neither will we go for less. He respected my wish to give my wife some room to deal with this, but also consulted me on not going too far with this. He never had an unkind or insulting word to say about her, yet again was absolutely firm that we will deal with this head on, and show no quarter when it comes to doing what is by the law and fair. He was always realistic in giving me timelines, especially when they were unknown, due to court issues and such. He and his office were responsive, and pleasant to deal with. On the other hand, knowing David, I would not want him on the other side representing someone against me! I was referred to David by a friend who used his services and was completely satisfied, saying he couldn't recommend him more highly, and I say the same as well.
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Posted by anonymous | May 12, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Lawyer
A friend recommended I consider Mr. Luca as a replacement for my initial divorce lawyer. Switching to Mr Luca, mid divorce, was the smartest choice I made during the entire process. I wish I had found him earlier. He cleaned up much of the mess left by my previous representation and was able to bring the case to a quick and amicable end. He is direct, efficient and effective. I highly recommend him.
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Posted by Amelia | May 12, 2022
This review is from a person who hired this attorney.
| Hired Attorney
RN
Mr. Luca is amazing, detail oriented, a exceptional at refining even the most complicated domestic issues. He helped me change my life. I am exceedingly grateful.
Posted by DENNIS | May 12, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Truly the BEST
David was incredible throughout my entire divorce. When questionable situation arose, he was very professional and provided me with accurate information that allowed me to make the :RIGHT" choices. Davis is the aggressive no nonsense guy. TRULY THE BEST!!!
Posted by AKASH | October 26, 2021
This review is from a person who hired this attorney.
| Hired Attorney
O’ Wonderful Attorney Luca…. ( A review in a poetic way!)
O’ Wonderful Attorney Luca… In the desert of your despairs He offers you to walk steadily strongest ‘solace-shoes’ like Chukka O’ Wonderful attorney Luca… In his beautiful bouquet of family law services smell a ‘commitment-flower’ like Albuca O’ Wonderful Attorney Luca… In the legal battlefield To launch your case-victory he uses ‘rebutting-rocket’ like bazooka O’ Wonderful Attorney Luca… If Luca wouldn’t have been there I would’ve not come out of despair Ah! Am now smoking harmony’s hooka O’ Wonderful Attorney Luca… © 2021 All Copyrights Reserved by AKASH & ASH, Poet & Sociologist
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Posted by Greg | December 27, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Great work on a difficult (dragged out) divorce
Dave provided me full legal services to accomplish a divorce in difficult circumstances (non-responsive/argumentative spouse). He was very clear on probable costs, and when that could impacted - and he definitely did not take advantage of my spouse dragging out the matter to increase costs. He clearly knew both the law and the local courts, as he had accurate predictions and expectation setting on what would happen. I would hire him again for any legal issue he handles.
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Posted by Yarnin | December 22, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Straight, Direct, Honest with great communication skills
I used Davids' services as a divorce lawyer, throughout the process I found David to always be straight and direct with me, David made sure I understood all the options that were available to me, guided me through the process weighing the pros and cons, risks and probabilities. What ever decision I made David did his outmost to see it through. I found his communication skills to be excellent especially in situations where emotions run high, David remained cool headed, and help avoid further escalations. I highly recommend his services.
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Posted by Dave | December 22, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Attourney
Mr. Luca is a very organized attorney. He is punctual and ready to go. Professional and great follow through, he cares about you and your situation. I will use his services again.
Posted by Sarah | December 22, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Hired David for My divorce
David is the best attorney and I’m so glad I hired him. He is professional, detailed, and will work hard for you. I went through a tough divorce/custody case and David was right there to get me through it. He didn’t let anyone walk over me and he really fought for me. I’m very grateful to him and I have already recommended him to people. I trust him and so if you’re looking for that top notch attorney David is your guy!
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Posted by Pamela | December 22, 2020
This review is from a person who hired this attorney.
| Hired Attorney
So Glad I Found David
I interviewed three divorce attorneys before I settled on David. He understands how stressful, emotional and frustrating the divorce process can be. You don't really expect an attorney to be compassionate, but David was. He's very knowledgeable about divorce law and was always able to reach a compromise in my favor with the opposing attorney. I don't expect to need another divorce attorney, but I would recommend him to anyone else going through a divorce.
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Posted by anonymous | March 20, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Exceptional lawyer. Exceptional man.
David Luca defended me in a civil harassment restraining order suit filed by someone who was trying to discredit me through the legal system. Each part of the process had it's own stress. Getting served was disconcerting. Finding out that ALL temporary restraining orders, regardless of merit, require relinquishing firearms (I was a gun owner), was infuriating. Finally, the potential outcome of a permanent record being placed upon me seemed unreal. I consulted several lawyers before retaining Mr. Luca. All were excellent and very knowledgeable, but I retained Dave because he was direct, terse, and knew how to convey information in a fashion that the judge would understand. This was crucial. The judge who normally oversees civil harassment restraining order cases is often overwhelmed with over-inclusive detail from clients who choose to go without counsel. In retrospect, I realize that if I had not had Dave looking out for me, I would not have known how to go about the process in a prepared and confident manner, the process would have been much more stressful, and I would likely have inadvertently volunteered unnecessary information that would hurt my case. This did not happen. We prevailed. I was beyond ecstatic, and still feel so to this day. I am forever grateful to Mr. Luca. He is someone that I would trust to protect my dearest family and friends.
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Posted by Radha | March 20, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Kudos to professionalism and integrity from David in my ordeal.
David’ s stood by me and guided me through every single step of the way. I was broken, couldn’t think straight and having David by my side gave me Hope. His integrity, demeanor, and awareness all surpassed my expectations. Not just David but his entire team resonates the same. THANK YOU David! You can count on this firm a 100%
Posted by Guy | November 19, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Simply a superb job done - couldn't be happier
First, my divorce case was not your run of the mill ordinary divorce case where typically it would only take 6 months or so between amicable parties. My case took almost exactly 2 1/2 years to finalize from the time I served my ex-wife until the day I received word that the divorce was final. Unfortunately, my case was met with unending stall tactics from the other side to enable my ex to stay in our home until which time the court would have to make a determination of resolving our joint property. In addition, my case was met with ruthless tactics such as my a phony restraining order claim just to get me out of the home so she can have her mom visit without me being around. Hence, they had no intent to go forward with the order as it was rout with exaggerations and simply lies. As well, my desire for equal joint custody of our two children was met with contention for no real good reason. All I can say is thank God I had David Luca as my divorce lawyer!!! He not only kept me grounded with a sharp keen level head and superior strategy but pleasantly surprised me with pursuing things that was unexpected but I was extremely grateful he did. Here are several examples: 1. Fought to get me 50/50 custody of my son or threatened we would take them up on their false restraining order and go to court to fight it. The other side relinquished. David also surprised me by telling me I had my son right then and there for that first weekend. After dealing with this inexcusably evil thing done to me, this came as a God send. 2. After repeated delays in not receiving anything my lawyer had requested from my ex and her lawyer, David had brought my ex up on charges requiring she pay my lawyer fees for a specific amount of time. David won and my ex through her attorney was forced to pay ~$5,000 of my legal fees. 3. Through the long extended negotiation process of my final joint settlement with my ex, David managed to negotiate for me to no longer have to pay any spousal support, only child support. Simply put, David ran circles around the other side's attorney who based a lot of their actions on hurtful and unnecessary tactics. This is truly a story of good vs evil winning out. Do yourself a favor and include David Luca as one of the attorneys you may plan to interview before deciding on an attorney. You will not be disappointed and most likely, you will be pleasantly surprised if not elated at the end.
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Posted by Yao | September 9, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Excellent lawyer
Divorce can be the most devastating moment of life, and getting a good divorce lawyer can make a world of difference. David Luca represented my case involving allegations of domestic violence and marriage dissolution. He handled my case by giving realistic potential outcomes, and doing so by paying a lot of attention to details. He charges very reasonable billable hours and I had very pleasant experience interacting with his office staff. He remained the voice of reason during the some very emotional times where I would have just thrown the towel and gave up on the case. He persuaded me to pick the more rational choice and we wrapped the case in a very reasonable amount of time.
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Posted by anonymous | August 7, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Great
David helped me with my custody battle and my divorce, he has my full recommendation based on how he handled my case, advice he gave and results I got. Thank you once more for your hard work and help. LD
Posted by Summer | August 7, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Best attorney experience I have had
Mr. Luca was very open and honest with me from the beginning. He had a lot of experience and it shows in how he operates. He kept me informed throughout the process and gave me a realistic feedback. I would highly recommend him to anyone that is looking for an open and honest attorney that you can trust.
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Cost

Rates
  • Hourly Rates $ 425-495 per hour
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 8.6 (Excellent)

Work Experience

  • Attorney
  • Law Offices of David J. Luca
  • 2005 - Present

Education

  • Santa Clara University School of Law
  • Juris Doctor
  • 2005
  • University of California Santa Barbara
  • Bachelor of Arts
  • 2001

Legal Cases

  • D.S. & D.H.
  • Move-Away to Minnesota Granted
  • People v. A.R.
  • Not Guilty Verdict
  • People v. L.P.
  • Not Guilty Verdict/Lesser Crime

Associations

  • Federal Court; Northern District of CA
  • Admitted Attorney
  • 2007 - Present
  • Santa Clara County Bar Association
  • Member
  • 2005 - Present
  • National Association of Criminal Defense Lawyers
  • Member
  • 2005 - Present

Languages Spoken

  • English

Honors and Awards

  • Honors Moot Court Runner-Up for Best Oral Argument
  • Santa Clara University School of Law
  • 2004
  • Witkin Award for Academic Excellence in Evidence
  • Santa Clara University School of Law
  • 2004
  • Witkin Award for Academic Excellence in Constitutional Law
  • Santa Clara University School of Law
  • 2004

Speaking Engagements

  • Santa Clara County Bar Association Continuing Education
  • Understanding Criminal Law and Domestic Violence Prosecutions as they Relate to Family Law
  • 2007

Attorney endorsements

Received (15)
Given (16)
Endorse David
Criminal defense Attorney | Apr 08
Relationship: Fellow lawyer in community
"I have worked with numerous defense attorneys over the years and David is a clear stand-out. David is an outstanding aggressive criminal defense attorney. He knowledgeably litigates the case for the best possible scenario for his client."
Divorce and separation Attorney | Jul 15
Relationship: Worked together on matter
"I endorse this lawyer.Mr. Luca has been recommended among my own clients, and I have made a number of past referrals to him with terrific results reported back to me. I continue to feel comfortable sending this capable attorney those in need of his skilled insight and advocacy. Besides being very good in a courtroom setting, he really is a nice guy, while fully able to bear down in a challenging cross examination. I highly regard this talented attorney."
Family Attorney | Jul 05
Relationship: Opposing Counsel on matter
"David is extremely professional and a fierce advocate for his clients. He is always responsive and easy to work with. David is very knowledgeable about the law and dedicated to his clients. I endorse this lawyer."
Family Attorney | Jul 03
Relationship: Opposing Counsel on matter
"David is extremely professional and easy to work with. He is an excellent advocate for his clients. I endorse this lawyer."
Family Attorney | Jan 27
Relationship: Opposing Counsel on matter
"I endorse this lawyer. I have worked with David on a highly conflicted custody and divorce matter. He is a strong advocate, knowledgeable and smart."
Criminal defense Attorney | Jan 15
Relationship: Worked together on matter
"Had a very complex case that required the involvement of a sharp Criminal Defense Lawyer in San Jose. Was referred to David by a trusted collegue and what a GodSent he is. A very smart man and a even smarter lawyer!"
Criminal defense Attorney | Oct 15
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have had the opportunity to witness his work in the courtroom and have found him to be diligent and hardworking. He is well respected in the legal community."
Divorce and separation Attorney | May 26
Relationship: Opposing Counsel on matter
"I have worked with David many times. He is an aggressive advocate for his clients and is extremely knowledgeable of the law."
Unknown Attorney | Jul 03
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Criminal defense Attorney | May 23
Relationship: Fellow lawyer in community
"I endorse David. He is a highly skilled attorney that is well respected in the legal community."
Divorce and separation Attorney | Jan 18
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Divorce and separation Attorney | Dec 06
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Criminal defense Attorney | Jul 18
Relationship: Fellow lawyer in community
"Dave knows his stuff! He works really hard for his clients and does good battle in the courtroom when necessary."
Criminal defense Attorney | Feb 28
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have watched David on numerous occasions in court and find him to be one of the best young attorneys in Santa Clara County. He has a good balance of poise, aggressiveness and street smarts."
Family Attorney | Apr 12
Relationship: Opposing Counsel on matter
"I endorse this lawyer's work."
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Avvo Contributions

0 Legal Answers 14 Legal Guides
San Jose Divorce and separation Lawyer David John Luca
David John Luca
Divorce and separation Attorney
San Jose, CA
Licensed for 17 years