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Questions Answered by Joseph Franklin Klatt

1 Answer | Asked in Civil Litigation for California on

Q: Defendants lawyer wrote us stating he read the complaint. Do we still have to serve them?

They have evaded service thus far. The Judge recommended we default them but did not specify how to fill out the proof of service? They served themselves?

Joseph Franklin Klatt answered on Sep 13, 2019

You can't default them without filing a proof of service. To do that you need to serve them properly. A party cannot serve another party themselves. Them reading it is not proper service unless they sign an acknowledgment/waiver of service. If they haven't been properly served, hire a process... Read more »

1 Answer | Asked in Civil Litigation and Construction Law for California on

Q: The district court judges and clerk violated laws and rights. How and where do I sue the federal judge?

The judges and clerk of the US District court prejudiced against the ProSe for not admitting the crimes the defendants lawyer tried to make up. Then the judges were bias and prejudice so we requested the judge to recuse from the case but refused to do so. After the recusal request, the lawyer... Read more »

Joseph Franklin Klatt answered on Sep 10, 2019

You don't sue the judge. Judges are generally immune from civil liability for their actions in court. As a practical matter, they are entitled to latitude, and they don't even have to be right 100% of the time. They have to deal with what they have as best they can. If the ultimate result of... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: What does, exact title of documents served mean on a California declaration of mailing form?

Joseph Franklin Klatt answered on Sep 10, 2019

The declaration should match the documents actually sent. Minor discrepancies are not a big issue. You can always serve amended forms that fix the issue. If there are major discrepancies, that can be grounds to challenge the motion, petition, etc. at issue. It depends on the nature of the... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: I was selling my jet ski for $5000. My friend wanted to buy it. It had some problems, so my friend took it to the sho

He actually paid for half of the bill, and was fine with that, but when he found out I sold it back to the guy for the $1040, he wants his money back. He had already bought another jet ski. Would it matter if I didn't sell it for a week? A month? A year? What is the difference?

Joseph Franklin Klatt answered on Sep 10, 2019

I think part of your question got clipped. If I understand correctly, you had a contract for the sale of goods, a jet ski, with your friend. By selling it to someone else, you broke that contract. It seems reasonable to me that he wants his money back, or he could sue you for the value of the... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: Can I sue a movie production company for invasion of privacy if they used the name of my dead dad in a movie ?

Can I sue a movie production company for invasion of privacy because they used the name of my dead dad in a movie about terrorism? (My dad was a uh .. a terrorist.. ) The movie is really famous and we found out that they used his name in it through our relatives who saw the movie and noticed it.

Joseph Franklin Klatt answered on Sep 8, 2019

Your real problem is this is prime First Amendment territory. If the accusations were true, or reasonably close within artistic license, it will be hard to complain. You can't had bad acts behind the veil of privacy, particularly if they are terroristic, which are by nature intended to be public... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: Former roommate holding personal items from me saying I owe him money when he signed me off the lease of an apartment.

Joseph Franklin Klatt answered on Aug 24, 2019

I'm not sure what the question is, but whether you owe him money or not does not give him the right to hold your personal effects hostage.

1 Answer | Asked in Civil Litigation for California on

Q: Define what "last date of activity" on a statute of limitations encompasses.

Several years ago a doctor billed me erroneously. His office refused to adjust the bill. The bill went to collections. I would like a detailed explanation as to how the last date of activity is defined as it relates to the stature of limitations. I have found a general description, but am... Read more »

Joseph Franklin Klatt answered on Aug 24, 2019

No one can give you a detailed explanation of the statute of limitations without knowing the details of your situation. There are multiple causes of action that can be used against you in a collections situation, including breach of contract, and common counts, such as "open book account."... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: While it's legal to have an audible alarm system as an anti-theft device. Is it legal to sound the horn to engage?

Neighbors truck is early nineties. The horn is full, not muted like todays cars

It's loud. I can hear it inside my house and when outside it's completely disturbing. I ask him to just use his key to lock his door he says the alarm won't set if he does that

Joseph Franklin Klatt answered on Aug 24, 2019

Depending on where you live, and the time of day or night this is happening, he may be in violation of local noise ordinances. I will say however, that if you report him, you may not get a lot of sympathy. Local enforcement may just take it as a trivial complaint between neighbors that don't get... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: Am being sued & a judgement was made against me for not showing but was unaware of lawsuit. Not responsible for debt

Am being sued for Breach of Contract but i have nothing to do with the loan agreement between my ex boyfriend & his mother. I signed as a witness only & was never any kind of business partner with my exboyfriend (co-defendant). A judgement was made against me for not showing up because i didn't... Read more »

Joseph Franklin Klatt answered on Aug 24, 2019

You can move to set aside a default judgment under Code of Civil Procedure 473(b) for "mistake, inadvertence, surprise, or excusable neglect" but the outside time limit to do so is six months. After that time, the Court has no power to entertain the motion. That you say you are "trying to file"... Read more »

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