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Questions Answered by Joseph Franklin Klatt
1 Answer | Asked in Civil Litigation for California on
Q: What do you do when Plaintiff's are trying to get documents from Defendants website, and they cant get it.?

Defendants have a website, and that website is the only place the Plaintiff can get documents to support their complaint against Defendants. Defendants continuously state that Plaintiff's show no documentation of anything. Defendants have had Plaintiff's locked out of their account for... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

You need to utilize the discovery process. You do not have to have a trial date set to start discovery. A Plaintiff can start discovery 10 days after the Complaint is served and up until the discovery cutoff date, which is a fixed number of days before trial. No trial date, no cutoff. If the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: How do I get a attorney free for ilegal eviction? Utilities shut off and locks changed.
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

You likely will not find one for free. You may, however, be able to find one that will take your case on contingency. You want to look for a local tenant's lawyer and ask for a consultation.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I am looking for legal help in dealing with a defendant from which I collected a judgement a few years ago.

The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: My dad left a will that says to sell his home and divide with rest siblings. What rights do I have?

Dad left a will that my step mom stay in the house till she passed. She passed away . Now his other will sates house is to be sold and divided with all 7 children. what rights myself as his daughter do I have?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The executor of the estate should sell the house and distribute the proceeds. You have the right to challenge the will, if you have some reason to believe it was legally invalid, but in doing so, you may run into a common clause in wills that if you challenge the will, you are disinherited (if you... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: My 14 year old son took a computer to his dad’s that wasn’t his to take and won’t return it.

My mother purchased a computer for my son to use at my house. It wasn’t working correctly so he asked if he could take it and work on it and bring it back. I don’t know how to fix it so I told him by this past Monday to have it back. He said fine. I also told his father. My mom told him... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

Not much in a practical sense. You could file a small claims action, but that may not be worth the time, money, and effort it takes to go through the exercise of it all. Your best bet is to deal with the situation yourselves and work it out. I realize that may not be possible, but it is your... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for California on
Q: I'm seeking representation for the dangerous recklessness endangerment of my Land, farm, water soil, air and my Person.

by Sierra Pacific Industries who sprayed 1000's of gallons of Agent Orange on their property adjacent to me. I suffered 21 days breathing this toxic soup and now suffering from Emphysema and Chronic Bronchitis. I have filed suit on time in El Dorado county and need help! This was the second... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

We are not allowed to personally solicit or give referral information in these forums. You can search this site for attorneys, however, and a number of other similar sites. You want to find a personal injury attorney in your area and get a consultation. She can tell you whether you have a viable... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Myself and sister were co-owners in home in Hesperia ca. Sister was residing in home , signed 20 yr contract for solar

I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any... Read more »

1 Answer | Asked in Civil Litigation, Legal Malpractice, Libel & Slander and Probate for California on
Q: Can a defendant sue a plaintiff, her attorney & their witness for using perjured facts from a prior harassment case?

Can a defendant sue in a probate case if the complaint is based on Known libelous statements that was proven to be libelous in an unrelated harassment order case where the defendant in the current probate case was the plaintiff & the witness for the plaintiff in the current probate case was the... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The standards are different for restraining orders than they are in a civil probate matter. When in doubt in a restraining order situation, the Court errs on the side of caution and grants the restraining order. In a civil matter, you have to prove more likely than not you are correct, and are... Read more »

3 Answers | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for California on
Q: Could a debt collector try to collect on debt that is 8yrs and that was included in a bankcruy?
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

He can ask, and if you start paying the debt, you can "reaffirm" it, and then the debt becomes live again. If you do nothing, it remains outside of the statute of limitations, and you have an ironclad defense if they attempt legal collection. In all likelihood this attempt to collect a... Read more »

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2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for California on
Q: Can u Sue a company because 1 of their employees destroyed video that would of shown someone being not guilty at a trial

loss prevention accuse my husband I'm trying to run him over and my husband was charged with assault with a deadly weapon out of the six videos that was given for evidence only one could be open for trial he also testified against my husband. my husband lawyer requested a retrial because of... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

Most security systems automatically overwrite prior footage after a certain time, say two weeks. This happens automatically unless someone specifically saves footage. Loss prevention may or may not have had a duty to save its footage depending on whether it knew there was an active case that... Read more »

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2 Answers | Asked in Civil Litigation for California on
Q: Is it common for a plaintiff to lose a case when the defendants nor their attorneys appear for a scheduled demurrer.

During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The Plaintiff likely did not show up because there was no opposition. It is also likely that the Court had made a tentative ruling. In most jurisdictions, if no one calls to contest the tentative, and notifies the court and opposing counsel of its intent to appear, then the tentative becomes... Read more »

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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... 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... 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... 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... 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... Read more »

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