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Frank Wei-Hong Chen

Frank Chen’s Answers

23,112 total


  • Are my landlords able to evict me or change my rent due to yard work being the way I have paid for 3 years?? Can I stay?

    I do yard work for my rent, that was the verbal agreement with my boss/landlord....I am at conflict with him now over pay so , I am sure he is going to ask me to leave, or try and charge me outrageous amount.. Our agreement was not written or sig...

    Frank’s Answer

    You are considered a month to month tenant. Under California law, the landlord is entitled to unilaterally change the terms of the tenancy and/or terminate the tenancy by giving you written notice (typically 30 or 60 days). Your consent would not be necessary.

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  • Are my landlords able to evict me or change my rent due to yard work being the way I have paid for 3 years?? Can I stay?

    I do yard work for my rent, that was the verbal agreement with my boss/landlord....I am at conflict with him now over pay so , I am sure he is going to ask me to leave, or try and charge me outrageous amount for rent..... Our agreement was not wr...

    Frank’s Answer

    Yes. Under California law, the landlord is entitled to unilaterally change the terms of the tenancy and/or terminate the tenancy by giving you written notice (typically 30 or 60 days). Your consent would not be necessary.

    See question 
  • Are my landlords able to evict me or change my rent due to yard work being the way I have paid for 3 years?? Can I stay?

    I do yard work for my rent, that was the verbal agreement with my boss/landlord....I am at conflict with him now over pay so , I am sure he is going to ask me to leave, or try and charge me outrageous amount for rent..... Our agreement was not wr...

    Frank’s Answer

    Under California law, the landlord is entitled to unilaterally change the terms of the tenancy and/or terminate the tenancy by giving you written notice (typically 30 or 60 days). Your consent would not be necessary.

    See question 
  • How do I file and serve a motion for leave to amend the complaint and correct the voluntary dismissal .And file exhibits

    how to format a cover page Rule 2.111 and Rule 3.110 (b) and (f) How to fasten original documents? Can I glue or staple to pleading paper with a blank sheet of pleading paper with exhibit letter on bottom.. How do I request or file set 3 of int...

    Frank’s Answer

    If the case has been dismissed, you will not be able to amend the complaint. You will first need to make a motion under Code of Civil Procedure section 473. Interrogatories are served on other parties, but interrogatories are not filed with the court. However, if the case has been dismissed, you no longer have the right to propound (send out) interrogatories.

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  • I have a case where the defendants attorney sent me paperwork the case is barred from suing them on this matter what is it about

    Attorneys knew I had had a claim open with their defendant. They asked the judge to bar me from suing them at ALL ON THIS MATTER. I never had a chance to explain to the judge my side and this happened. What should be done appeal?

    Frank’s Answer

    There is not enough information in your post regarding your current procedural posture. Specifically, what "paperwork" are you referring to? Was it a motion to dismiss? A demurrer? A motion to strike? A motion for summary judgment? Generally speaking, only a final judgment or order is appealable. You'll need to provide a bit more information in order for attorneys to give you more meaningful guidance.

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  • Which provision is controlling: “bound by the rules of Court” or “all rules of Court are waived”?

    In a written agreement, signed by both parties, the above two provisions exist, though separately in the agreement. Specifically, the Rules are the California Rules of Court, Title 2, the state constitution and Code of Judicial Ethics.

    Frank’s Answer

    Only judges are bound by the Code of Judicial Ethics. The California Rules of Court provide guidelines as to how cases are handled by the courts throughout the entire State of California, as recommended by the Judicial Council. It is not at all clear why a written agreement between two parties would make reference to either the California Rules of Court or the Code of Judicial Ethics. In any event, no one can opine about an agreement without having read it.

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  • Question regarding my "lease break" addendum. Explained below...

    Since I've refused to sign my lease renewal without a lease break option addendum, my landlord has promised me (via email) that they'll offer me a lease break addendum AFTER I officially sign my lease renewal (which has no addendum). In ...

    Frank’s Answer

    I see red flags as well. If the lease renewal does not contain any provision regarding early termination of the lease, there is nothing which will force the landlord to agree to provide such provision at a later time, whether by lease amendment or by an addendum. You cannot rely on an email alone. Accordingly, the lease renewal if you sign it will require you to complete the full term of the lease, so if you terminate it early, you will be liable for payment of rent for the remaining duration of the lease, less whatever damages the landlord can mitigate by finding a replacement tenant.

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  • Question pertaining to request for production of documents

    As part of a divorce proceeding in California, I received a request for identification and production of documents under Code of Civil Procedure 20301.010 and Family Code 1100(e) from opposing counsel. I am being asked in some instances to produce...

    Frank’s Answer

    You are only obligated to produce documents which are in your possession, custody or control. Generally speaking, in responding to a demand for production of documents pursuant to California Code of Civil Procedure section 2031.210 et seq., the written responses must state whether the responding party will comply with the demand, or an inability to comply, or assert a valid legal objection. 

    Here are a few examples of proper responses: 

    1) RESPONDING PARTY will produce all responsive documents currently within RESPONDING PARTY's possession, custody, or control. 

    2) RESPONDING PARTY has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because no such documents exist or ever existed. 

    3) RESPONDING PARTY has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because such documents have never been in the possession, custody, or control of RESPONDING PARTY. 

    Here are a few examples of valid legal objections: 

    1) Objection. The demand is vague, ambiguous, overbroad and fails to specifically describe the items sought with reasonable particularity in violation of section 2031.030 (c)(1) of the Code of Civil Procedure. 

    2) Objection. The demand is not reasonably calculated to lead to the discovery of admissible evidence in violation of Code of Civil Procedure section 2017.010, et seq. 

    It's difficult to to advise on specific written objections without knowing the wording of the specific document production demand. Do your best to comply now. You can always supplement your production at a later date if you come across additional documents which are responsive.

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  • I bought a family owed commercial property where there is a restaurant and a banquet hall. There was no previous tenants lease.

    Now tenants came back and stated that They want to take everything attached to walls. Ice maker, walking freezer, refrigeration units that goes through the ceiling chandeliers, mirrors, sinks... I have escrow documents that stated i own all these...

    Frank’s Answer

    Generally speaking, fixtures which are affixed remain with the property, but the tenant is entitled to take trade fixtures. California Civil Code section 660 defines fixtures as: 

    "A thing is deemed to be affixed to land when it is attached to 
    it by roots, as in the case of trees, vines, or shrubs; or imbedded 
    in it, as in the case of walls; or permanently resting upon it, as in 
    the case of buildings; or permanently attached to what is thus 
    permanent, as by means of cement, plaster, nails, bolts, or screws; 
    except that for the purposes of sale, emblements, industrial growing 
    crops and things attached to or forming part of the land, which are 
    agreed to be severed before sale or under the contract of sale, shall 
    be treated as goods and be governed by the provisions of the title 
    of this code regulating the sales of goods."

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