David John Luca

David John Luca

4.9
Rating: 8.7

Licensed for 20 years

Divorce and separation Lawyer at San Jose, CA
Practice Areas: Divorce & Separation, Criminal Defense, Marriage & Prenuptials, Uncontested Divorce

1252 Park Avenue, San Jose, CA

About David

Biography

Practice Areas

4

Practice Areas

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.

20 years | 950 cases

45%
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.

20 years | 750 cases

40%
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.

20 years | 300 cases

10%
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.

20 years | 250 cases

5%

Fees and Rates

Cost

Hourly Rates

$ 425-495 per hour


Payment Methods

  • Cash
  • Check
  • Credit Card

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Licenses

Licensed in California for 20 years

State: California

Acquired: 2005

Active

No misconduct found

Location

Law Offices of David J. Luca

1252 Park Avenue, San Jose, CA, 95126

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David John Luca's Reviews

Avvo Review Score

4.9 /5.0

119 Client Reviews

Showing 1 - 1 of 1 review | Contracts & Agreements

Posted by susan | March 29, 2014 | Contracts & Agreements

Read the agreements and ask every question before you sign. Even if your Lawyer says its a good deal

I hired Dennis but was pond off on David. In mediation he advised me to sign an agreement that wasn't in my children's favor because it left something called a Wats credit reserved to my husband. So while living in the family home with our two kids I was without knowing accumulating a huge amount ...of debt to my ex. When we sold the house he wanted reimbursement of Wats credits for all the time we lived in the home. Never once did anyone tell me that we were accruing such debt. I'm paying for this oversight now not him.

David Luca

Replied last March 29, 2014

The veracity of this complaint is suspect. There is no “pawning off” of cases handled though this office. Each attorney in our office works their own cases and no attorney works on the other’s cases. That being said, a Watts charge is a discretionary reimbursement claim that arises when one spouse lives in a home owned by both spouses after marital separation. The “out spouse” can ask the Court charge the “in spouse” 50% of the fair market value rent as a Watts charge. Normally, the Watts charge is offset in part or whole by the “in spouse’s” Epstein credits against the “out spouse” for 50% of the mortgage, property taxes and homeowner’s insurance payments. The complaint never mentions whether the discretionary Watts charge was imposed, whether the Epstein credit existed to offset it nor whether any money was ever owed. For my part, in the past three years of practice, I have not had any of my clients ever pay out of pocket for a Watts charge claim; another reason I doubt the validity of the complaint.

See All Client Reviews

David John Luca's Lawyer Endorsements

Endorse David
Nicole Fraser headshot
Nicole Fraser

Criminal defense lawyer | 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."

Steven Paul Cohn headshot
Steven Cohn

Divorce and separation lawyer | 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."

Arlette Argyris headshot
Arlette Argyris

Family lawyer | 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."

Andrea Rene Mah headshot
Andrea Mah

Family lawyer | 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."

Judy Lea Burger headshot
Judy Burger

Family lawyer | 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."

Victor Knapp headshot
Victor Knapp

Criminal defense lawyer | 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!"

Richard Alan Wingerden headshot
Richard Wingerden

Criminal defense lawyer | 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."

Christopher Duane Hirz headshot
Christopher Hirz

Divorce and separation lawyer | 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."

Andrew George Marcellino headshot
Andrew Marcellino

Unknown lawyer | Jul 03

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Michael S. Waddington headshot
Michael Waddington

Criminal defense lawyer | May 23

Relationship: Fellow lawyer in community

"I endorse David. He is a highly skilled attorney that is well respected in the legal community."

Rory S. Coetzee headshot
Rory Coetzee

Divorce and separation lawyer | Jan 18

Relationship: Fellow lawyer in community

"I endorse this lawyer."

James Justin Steinle headshot
James Steinle

Divorce and separation lawyer | Dec 06

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Thomas Nicholas Cvietkovich headshot
Thomas Cvietkovich

Criminal defense lawyer | 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."

Daniel Jensen headshot
Daniel Jensen

Criminal defense lawyer | 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."

Evelyn M Rodriguez headshot
Evelyn Rodriguez

Family lawyer | Apr 12

Relationship: Opposing Counsel on matter

"I endorse this lawyer's work."

View All Endorsements
Arlette Argyris headshot
Arlette Argyris

Family lawyer

Andrea Rene Mah headshot
Andrea Mah

Family lawyer

Karen Marie Hubbell headshot
Karen Hubbell

Family lawyer

Judy Lea Burger headshot
Judy Burger

Family lawyer

Victor Knapp headshot
Victor Knapp

Criminal defense lawyer

Jeffrey D. Cohen headshot
Jeffrey Cohen

Criminal defense lawyer

Richard Alan Wingerden headshot
Richard Wingerden

Criminal defense lawyer

Christopher Duane Hirz headshot
Christopher Hirz

Family lawyer

Raul Armando Ray headshot
Raul Ray

Immigration lawyer

Steven Allen Dinneen headshot
Steven Dinneen

Family lawyer

Rory S. Coetzee headshot
Rory Coetzee

Family lawyer

James Justin Steinle headshot
James Steinle

Family lawyer

Steven Paul Cohn headshot
Steven Cohn

Employment and labor lawyer

Daniel Jensen headshot
Daniel Jensen

Criminal defense lawyer

Nicole Fraser headshot
Nicole Fraser

Family lawyer

Experience

Rating:  8.7 (Excellent)

Honors

2004

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

Work Experience

2005 - Present

Attorney, Law Offices of David J. Luca

Associations

2007 - Present

Federal Court; Northern District of CA

Admitted Attorney

2005 - Present

Santa Clara County Bar Association

Member

2005 - Present

National Association of Criminal Defense Lawyers

Member

Sample of 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

See More Legal Cases

Education

2005

Santa Clara University School of Law

Juris Doctor

2001

University of California Santa Barbara

Bachelor of Arts

Speaking Engagements

2007

Santa Clara County Bar Association Continuing Education

Understanding Criminal Law and Domestic Violence Prosecutions as they Relate to Family Law

Languages

English

Activity

Avvo Rating

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Avvo Rating Levels
10.0 - 9.0 Superb8.9 - 8.0 Excellent7.9 - 7.0 Very Good6.9 - 6.0 Good5.9 - 5.0 Average4.9 - 4.0 Concern3.9 - 3.0 Caution2.9 - 2.0 Strong Caution1.9 - 1.0 Extreme Caution