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Questions Answered by Joseph Franklin Klatt
1 Answer | Asked in Medical Malpractice for California on
Q: If I am not a licensed psychologist, can I still say "I am a therapist"?

Specifically "I am a therapist" not "I am a psychologist".

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

First thing, if you are not an MD do not hold yourself out to being one, directly or indirectly. For instance "psychiatrist" suggests a medical license. There are a number of paramedical professionals with degrees . You do not want to be confused for claiming a degree or license that you do not... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My rental agreement gives me "nonexclusive" rights to 2 bedrooms. These are my only rooms. What does this mean for me?

I rent 2 rooms in a house, but my rental agreement specifies I have nonexclusive use of the two rooms. Do I still have an expectation of privacy and quiet enjoyment? Can my landlord use this wording to restrict guests?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

This sounds like a lease that an attorney did not draft. But it says what it says, so you need to deal with it. Your lease gives you a right of possession to some real property. If it is non-exclusive it means that you cannot exclude another party who may have possessory rights too (this is... Read more »

2 Answers | Asked in Criminal Law for California on
Q: Can a restraining order me filed against me when I texted my ex after 2-3 years of non contact?

I sent a text to my ex from my new number apologizing for my past I said I hope she is doing well then received a text back saying if I keep contacting her I will get a restraining order but I haven’t tried contacting her in the past 2-3 years

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

She can always seek a RO. Anyone can. Whether it will be granted is another story. It depends entirely on your history and that of your relationship with your ex. If I were you, I would stop any further contact. If you absolutely have to say something, say that you will respect her wishes and... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: New owner of multi-family property is seeking copies of tenants' lease/rental agreements

We purchased an occupied multi-family property, however the previous property owner did not provide us with copies of the tenants' lease/rental agreements. How can we obtain copies of these agreements? Are the tenants obligated to provide copies to us? If not, is there any other source? Do we have... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

Great question. Your first step should be asking the seller for the agreements. There is a decent chance that the purchase and sales agreement you used to buy the property requires them to provide this information. That failing, you can always ask the tenants. Just be aware that you are bound... Read more »

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can I sue California for discrimination and unconstitutional gun laws?

The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.

For a...
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1 Answer | Asked in Legal Malpractice for California on
Q: Filed a motion to disqualify opposing counsel for Ethical misconduct. The state bar also has opened up a case against

This attorney. How do I know if the court reviewed my motion and declaration? How do I know if he’s going to grant or deny my motion and how long does opposing counsel have to respond.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can never know how much attention the Court gave to your papers. If they were properly filed ad formatted, then the odds are quite high that they were fully considered. The opposition is generally due 9 court days before the hearing (start at the hearing date, don't count the hearing date,... Read more »

1 Answer | Asked in Child Custody for California on
Q: If my ex drops kids off to school and I pick them up after school. During break what time should I get kids 8am or 3pm?

My ex has kids Tuesday night and he drops them off at school Wednesday morning and I pick them up at 3pm. During thanksgiving break what time should he drop kids off to me 8am or 3pm. In courts paperwork it stats during school breaks parents day overrides breaks. Does that mean it’s my... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

It really depends on the specifics of your custody agreement. The devil is in the details. I would generally assume, absent some language to the contrary, that when the parent would drop off the kids at school is when they should drop the kids off at the ex's place on a holiday. If you are... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Does anyone know how to go about adding members of a California LLC to a default judgment against the LLC?

I filed an action in the Orange County California Superior court in July of 2018 and just got a default judgment against a California LLC from that court for over $80,000. The LLC filed its dissolution on November 28, 2018. I believe the members are liable under California Corp code 17707.07(b)... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can, in some instances, add a person to a judgment as an alterego of the judgment debtor, but this is irregular and not common. The whole point of an LLC (or any corporate form) is Limited Liability. The corporation is liable but the members are, by default, not personally liable for the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Can my former employer do anything if I reported fraudulent activity on my personal card that they used for company use?

During a short while a start up company I allowed them to charge money to my card and reimburse me for it. After I left there was some questionable charges that turns out to be things they reimbursed me for and they are demanding the money back. The total was around $1980. Can they do anything for... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

If you reported the charges as fraudulent, and the charges were reversed, AND your former colleagues reimbursed you for costs you didn't actually incur, then you have gotten something for nothing. You got reimbursed for money you didn't spend. Your former business partners have a claim for... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: We are in California. We need to move back into our rental that tenants in it. How do I get them out?

They have lived there for 4 years. the lease has expired and is now month to month.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You are going to need to give them notice, at least 30 days, possibly 60. You should consult with a local landlord-tenant lawyer who can handle this issue. The cost is modest compared to the difficulty and risk of doing it wrong. If they choose not to leave after the notice, you have to proceed... Read more »

2 Answers | Asked in Domestic Violence for California on
Q: Is my apt required to report suspected child abuse under Mandatory Reporting in CA?

For several months since I moved in, I hear a thump then hear a baby crying. I have never experienced the possibility that someone is banging their baby (head?) against something. The baby is helpless. I have not notified the police yet. I have notified the apartment manager and gave them exact... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You mentioned mandatory reporting. Not everyone is a mandatory reporter. The list is extensive, but generally they are people that work with children or are medical or psychological professionals. You probably don't /have/ to report. Whether you /should/ is not a question any of us can answer.... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Sexual Harassment for Wyoming on
Q: Is $1.8 Million too much to ask for during a settlement for sex and disability discrimination?

Any thoughts would be helpful

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

I do not practice in your state, but I can talk generally about the valuation of damages. For simplicity's sake, you should assume you have two types of damages. First, you have your actual damages. How you were demonstrably injured. This can be in lost wages and opportunities, it can be in... Read more »

2 Answers | Asked in Business Law, Employment Law and Communications Law for California on
Q: Some employees refuse to use company software - instant messaging - how can they be disciplined/forced to use it?

I have an instant messaging system on my office computers. Some users are logging out. We can’t fire them, but how can I set consequences for logging out or ignoring messages? What can I do to make the software so users can’t disconnect? Program is Synology Chat. Server is Windows.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You should have clear, written policies about your expectations and the consequences. They should be applied uniformly to everyone. California employment is generally "at will" meaning you can fire and they can quit at any time. You can fire for any or no reason, with some limitations: you can't... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can an employee work you a 101 hrs in a pay period without paying you any over time
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

If your pay period is twice a month or once every two weeks, then that number of hours will put you into overtime. Mr. Pedersen's answer is more specific as to the details on the ways you can get into overtime territory, but 101 hours in two weeks will necessarily put some portion of those hours... Read more »

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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can you be fired because someone does not like you?

was hired at a food place this weekend I thought I was doing my job correctly but on the third day the business owner informed me I had to be let go because the shift manager did not like me I also think they let me go so suddenly because they replaced me with a friend of the manager in this same... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

Almost all employment in California is "at will." You can quit at any time, and the employer can fire you at any time, and for reason. The exceptions are when the termination violated public policy, such as firing someone because of a protected characteristic, such as race, ethnicity, national... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: What’s the maximum discovery sanctions one may request, as a pro per?

I requested formal discovery from opposing counsel. Opposing counsel failed to provide the Requests for Production of Documents and Tangible Things on or before the deadline. I am filing a motion to compel and would appreciate it if you would guide me as to what the maximum monetary limit in... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 19, 2019

The maximum sanction that you can ask for is your attorneys fees and costs. If you are pro per, you have no attorneys fees to collect, so you will be limited to "costs." For you that probably means your $60 motion fee (presuming you paid one, if you have a fee waiver this is not recoverable), and... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Are there Real Estate Regulations governing changes to a 55+ Rental Property by a new owner?

I live in 55+ apartment listed to be SOLD.

I am retiring and will live on a fixed income and am concerned about my ability to continue to live here under new ownership. Am I protected in any way in this transaction?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

If you have a lease, your lease is unaffected by the new ownership. It will remain in effect. At the end of the lease term, the landlord may want to change the terms of any new lease. If those terms include a large rent increase or effectively force you out of the unit, then you may want to talk... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most expedient... Read more »

1 Answer | Asked in Banking for California on
Q: i was gifted some old stock certificates. some of the companies are still in business. what should i do with them?
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

Talk to a stock broker, preferably in person. There is no shortage of them in your area. Assuming the certificates are valid, you probably want to open up a brokerage account and deposit those shares into that account. Then you can easily sell them, option them, collect dividends, exercise... Read more »

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a... Read more »

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