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Questions Answered by Mr. David Thomas Pisarra
1 Answer | Asked in Child Custody for California on
Q: My ex served me with a deces tecum but it was not court stamped or signed. Is it valid and need i comply?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 18, 2011

A Subpoena Duces Tecum is a tool attorneys use in Discovery. They are issued by attorneys and the court clerk to gain access to documents, scenes of accidents, and to compel people to appear at depositions.

As with everything in the law, the rules must be complied with, and it doesn't...
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1 Answer | Asked in Uncategorized for California on
Q: What is CRC 1225

If you have additional details about your question fill them here

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

That is a code section that deals with Domestic Violence and the court's power to issue a restraining order to prevent harassment and destruction of property.

You can learn more by reading my book, A MAN'S GUIDE TO DOMESTIC VIOLENCE available at my website, www.MensFamilyLaw.com...
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1 Answer | Asked in Uncategorized for California on
Q: UTMA cashed out before my kids turned 18. What are their rights and what can I do?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Well, it depends on who cashed it and when, but most likely there is nothing you can do.

If it was taken by a parent who put the money in and was a trustee on the account, you will not be able to recover the money that they put in. I'd need to know more.

Good Luck.

1 Answer | Asked in Uncategorized for California on
Q: Is there any group website or organization that rates attorneys in CA. Finding only ads & where the lawyer rates himself
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

The State Bar is located at www.calbar.ca.gov will have a history of each attorney and their discipline records. You can see if an attorney has been in trouble before.

Other than that there is no "official" website to rate a lawyer.

1 Answer | Asked in Uncategorized for California on
Q: I need help with citation badly. can anyone help me?

I just need help with citation. Fed and Cal. Can anyone help me?

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Citing to cases, codes and publications is very difficult. Lawyers actually take a class on just this issue.

There is book, The Blue Book citation guide that covers it, but you can also go here: www.law.cornell.edu/citation/ for more information.

1 Answer | Asked in Uncategorized for California on
Q: Besides the law library where else can one go online to learn more about federal laws and codes to do their own suit?

Looking online for law federal information for free besides law library!!

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

I would recommend findlaw.com as a great place to find codes and statutes.

Also www.law.cornell.edu/uscode/ is good.

The US courts also maintain websites that have case law.

1 Answer | Asked in Uncategorized for California on
Q: Can I search for cases by lawyer, instead of by plaintiff or defendant, and find all cases a particular lawyer has had?

Can I search for cases by lawyer, instead of by plaintiff or defendant, and find all cases a particular lawyer has had?

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

If you go to LEXISNEXIS.COM you can pay a fee to do a search and find all the cases that a lawyer has worked on.

Good Luck.

1 Answer | Asked in Uncategorized for California on
Q: What are the formalities associated with requesting an ex parte' meeting with the judge !
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

It depends on the county and the judge's courtroom procedures.

Usually you have to give 24 hours notice to the opposing side that you intend to seek some relief on an Ex Parte basis, so that they can attend the hearing and contest the issue.

In those cases where you are seeking...
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1 Answer | Asked in Uncategorized for California on
Q: Q: In a.m.Ex parte a TRO for Def. - pltf in p.m. same day schedules a trial w/in Tro time - who prevails def or pltf?

Pltf Atty obtained a trial date that falls within the TRO period. Pltf Atty knew def. obtained the TRO, but ran over to the court same day before the minute order and docs (TRO)was actually put into the court system.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Well, it seems likely the court would consolidate both the TRO and the Trial date, and then decide which date it actually wanted to hear all of it on.

Good Luck.

1 Answer | Asked in Uncategorized for California on
Q: Does your job being a lawyer need a collage degree?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

In California you do not need a college degree to be a lawyer.

You can attend Law School and take the Bar Exam, which if you pass, then qualifies you to be a lawyer.

You can even do an apprenticeship in place of law school. But that is very difficult process and you can find out more...
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1 Answer | Asked in Child Support for California on
Q: I am pursuing a contempt against the NCP and we are going to trial, do I need to complete the PreTrial Statement?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Each court has its own procedural rules. You need to speak to the clerk of that specific judge to know what they want, and how they want it.

They usually have a handout to give you telling you their procedures.

You should be aware that a Contempt proceeding, is EXTREMELY DIFFICULT...
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1 Answer | Asked in International Law for Illinois on
Q: I send my child on vacasion to mexico city and my family doesnt want to return my child back to the united states
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

There is an international treaty known as the Hague Convention on Child Abduction, Mexico is a party to it, and you can seek assistance through your local district attorney in the Child Abduction Unit.

They will coordinate with Mexican authorities to have your child returned to you....
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2 Answers | Asked in International Law for California on
Q: CAN I LEGALLY DEMAND JUSTICE FROM A MEXICAN JUDGE THAT HAS HARRASED ME AND FRAMED ME, AND ILLEGALLY ABUSE POWER, I AM US

I AM AN AMERICA CITIZEN LIVING IN MEXICO

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

No. Since you live in Mexico, you would be subject to their laws and regulations as if you were a Mexican citizen.

If you live in a jurisdiction, or are even visiting, you are expected to abide by their laws and rules.

It's the old, "When in Rome...."

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1 Answer | Asked in Family Law for California on
Q: What is the section that requires a birth certificate after birth?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Birth Certificates are used in many cases for various reasons. I would have to know what you are trying to accomplish to give you a specific answer, as there are differing Codes (Family, Health & Welfare, Government, plus the Federal Statutes) that all have different needs and requirements.... View More

1 Answer | Asked in Family Law for California on
Q: Can I file an OSC to vacate a judges previous order in a child vistation case?

The judge granted a transfer of our child custody case from one county to another. However, the opposing party has not paid their portion of their transfer fees and refuses. Is it advisable to file a OCS to vacate previous in order to have the case heard in the original county? The respondent and I... View More

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

I would like to know who filed for the transfer, I'm guessing it's you. Since the opposing side has refused to pay, you may find that the case remains where it is until both parties have paid. Which is what you want.

Of course, you're probably going to have a hard time getting...
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1 Answer | Asked in Family Law for California on
Q: Can a grandparent get custody of a child that has been given up for adoption
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Depending on where in the adoption process this awareness happens - it is possible.

I would need to know many more facts, but in general the adoption process prefers family over strangers.

Please seek a Family Law attorney to discuss this further, you may call my office for a free...
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1 Answer | Asked in Family Law for California on
Q: My mother is not allowing me to have supervised visitation as court ordered. How do I petition court for a set date
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

You have to file either a Order to Show Cause (OSC) re: contempt or an OSC re:Modification.

The contempt action is difficult and time consuming and as a lay person you will have a very hard time doing it.

The modification is easier, and the court is more likely to give you what you...
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2 Answers | Asked in Family Law for California on
Q: Can you file for grandparents rights in California
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

Grandparents do have a cause of action to see their children, primarily they must have an established relationship with the children that it being interrupted for the case to go forward.

We see this primarily in cases like Divorce and Child Custody where the one parent has a bad relationship...
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2 Answers | Asked in Family Law for California on
Q: CAN A HUSBAND GET BACK WEDDING RING FOR WIFE
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 15, 2011

If you mean the actual gold band, "Wedding Ring", once the wedding has happened, it is hers to keep. It is a gift.

If you mean the Big Diamond "Engagement Ring" that cost you three months salary - if the wedding happens it's hers. If the wedding doesn't happen, it should be returned.

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1 Answer | Asked in Family Law for California on
Q: What is the opinion in California as far as including the costs of college tuition to child support?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 12, 2011

No court in California will make you pay for your child's college education. It is not part of a child support award.

Child support is solely for the support of a minor child.

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