Frank Wei-Hong Chen’s Answers

Frank Wei-Hong Chen

San Marino Litigation Lawyer.

Contributor Level 20
  1. How long do you have to sue for personal injury in CA?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Norman Gregory Fernandez
    3. Paul Y. Lee
    4. Kevin Samuel Sullivan
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    The statute of limitations is two years, pursuant to California Code of Civil Procedure section 335.1.

    Selected as best answer

  2. My son was assaulted by another student while at middle school this week. He sustained a broken jaw. Is the school liable?

    Answered almost 3 years ago.

    1. Christian K. Lassen II
    2. Adam Martin Zolonz
    3. Frank Wei-Hong Chen
    4. Kevin Samuel Sullivan
    5. Benjamin J Lieberman
    6. ···
    6 lawyer answers

    Consult with a personal injury attorney. Most likely, the parents of the responsible student should pay for medical expenses. However, the school might also have liability if the school knew about the responsible student's propensities. Here, you state that the same student was previously suspended. It is well-established that a school has an affirmative duty to take reasonable steps to protect its children. (M.W. v. Panama Buena Vista Union High School Dist. (2003) 110 Cal.App.4th 508,...

    Selected as best answer

  3. Unfortunately, I filed a default before submitting a statement of damages re: P.I. case

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Christian K. Lassen II
    3. Michael Grennier
    4. Chad Guevara Boonswang
    5. John K Lassen
    6. ···
    6 lawyer answers

    Yes, definitely. If this is a personal injury lawsuit, you the plaintiff need to first serve the statement of damages before seeking a default judgment. Statements of damages are used in personal injury and wrongful death cases in which plaintiff may not allege damages in the complaint. (Code Civ. Proc., § 425.11.) In seeking a default judgment in California, the relief sought must be within the amount of prayer of complaint. “It is fundamental to the concept of due process that a...

    28 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How can I defend an unlimited lawsuit against my LLC in California if I can't afford a lawyer? Lawsuit has no merits.

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Charles Doland
    3. Charles F Basil
    4. Kevin Samuel Sullivan
    4 lawyer answers

    Unfortunately, the LLC must be represented by an attorney in order to participate in litigation. If there is a default judgment entered against the LLC or you individually, it should be fairly easy to get it set aside, but again, this will require an attorney. In the breach of agreement cause of action, is that based upon a written contract which contains an attorney's fee provision? An attorney's fee provision is one which says that in the event of litigation, the prevailing party shall be...

    Selected as best answer

  5. Bench or jury for breach of contract cases...

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Charles Doland
    3. Robert John Murillo
    3 lawyer answers

    Without knowing ANYTHING about your particular lawsuit, including the amount at stake or whether you are represented by counsel or the judge assigned to the casel, it is impossible to advise you accurately. However, generally speaking, breach of contract cases rarely get tried before juries because jury trials are much more expensive to try, and most civil juries aren't too thrilled to be hearing such disputes.

    Selected as best answer

  6. If the insurance adjuster is trying to low ball me, is my next option to file a complaint against the other driver?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Christian K. Lassen II
    3. Jeffrey Michael Padilla
    4. Jeremy Laurence Tissot
    5. Norman Gregory Fernandez
    5 lawyer answers

    Yes, if you do not accept the low ball settlement offer, your next step is to file a lawsuit against the other driver, and then have the summons and complaint served upon him or her. if the other driver tenders the defense to his or her insurance carrier, the insurance carrier is obligated to defend and indemnify (which means yes, they will provide legal representation for him or her).

    Selected as best answer

  7. HOW CAN I FIRE MY PERSONAL INJURY ATTY & SETTLE MY CLAIM ON MY OWN WITH HE INS CO SO SETTLEMENT CHECK IS SENT TO ME ?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Paul Y. Lee
    3. Jeffrey Mark Adams
    4. Jamahl Calvin Kersey
    5. Sasan Vahdat
    5 lawyer answers

    You can fire your attorney by having him/her sign a Substitution of Attorney form making you the plaintiff in pro per. However, if you fire your attorney, the attorney would most likely still have a lien on any recovery you might receive in a settlement. Take a look at your retainer agreement. Therefore, firing your attorney might not solve your problem.

    25 lawyers agreed with this answer

  8. How many days to reply the interrogatories in CA?

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Raymond Daymude
    3. Brandy Ann Peeples
    4. Peter Charles Bronstein
    5. Jeffrey F. Gersh
    6. ···
    8 lawyer answers

    If the discovery was served via mail, then you have 35 days from the date of mailing (not your receipt) to respond. If that date falls on a court holiday or weekend, then you have until the following business day to serve your responses.

    Selected as best answer

  9. Civil demand letter came in..should i pay?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Charles Doland
    3. Slavik Steve Leydiker
    4. Seyed Abbas Kazerounian
    4 lawyer answers

    No. A civil demand is not a debt and you would only have to pay it if they successfully sued you. The likelihood of that happening is extremely small. Paying or not paying the civil demand will have no effect on any criminal actions which might be brought against you. Learn from this mistake, and don't shoplift anymore.

    Selected as best answer

  10. Is the name of a general partnership always a fictitious business name?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. George William Wolff
    3. Ray Beckerman
    4. John E. Whitaker
    4 lawyer answers

    No, not always. A general partnership could bear the actual names of the partners and not need a fictitious business name, e.g. SMITH, JONES, AND BROWN PARTNERSHIP. The purpose of the fictitious business name statute, codified under California Business and Professions Code section 17900 (a)(1) is explained as follows:: " The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended to confer any...

    Selected as best answer