Archived
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?
James's answer
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Answered on July 28, 2012
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...
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?
James's answer
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Answered on July 28, 2012
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...
Unlawful detainer: is a judgement and an eviction the same thing?
James's answer
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Answered on July 22, 2012
It depends what you signed. A stipulation for entry of judgment cold have protected your record. A stipulated judgment will not. It sounded like...
Archived
Do I have grounds to request a judge to recuse himself?
James's answer
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Answered on July 20, 2012
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--...
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Archived
Ex doesnt do his taxes and gets paid under the table...could he get custody of our daughter???
James's answer
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Answered on July 20, 2012
If you establishing custody, which I highly recommend you do, you need to also request child support, especially if you have primary custody. When...
Archived
$1450/month lease ran 4/2006 through 4/30/07, thereafter (without further changes)continued at same to present. re: 60 days:
James's answer
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Answered on June 17, 2012
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...
Archived
Can I legally change my daughter last name without the fathers consent????
James's answer
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Answered on June 17, 2012
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,...
Archived
If I am a subtenant does my landlord have to pay me my deposit back or the tenant?
James's answer
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Answered on June 17, 2012
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....
Archived
With divorce mediation, do I have the right to copies of documents prepared and filed for my divorce?
James's answer
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Answered on June 17, 2012
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....
Archived
Can a collection company/lawyers take my retirement to pay back my sons student loan?
James's answer
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Answered on June 17, 2012
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...
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