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Frank Wei-Hong Chen

Frank Chen’s Answers

24,062 total

  • Admissions Question

    If a motion to compel responses was brought, the admissions received a response (late), the court ordered that any admissions that were answered with only an objection are deemed admitted, is there any case law that permits this court order to be ...

    Frank’s Answer

    You are in a very tough position if the court already ruled against you on this discovery motion. However, you can see the discussion in the following cases: St. Mary v. Superior Court (2014) 223 Cal. App. 4th 762; New Albertsons, Inc. v. Superior Court (2008) 168 Cal. App. 4th 1403. See California Code of Civil Procedure section 2033.300, which provides:

    "(a) A party may withdraw or amend an admission made in
    response to a request for admission only on leave of court granted
    after notice to all parties.
    (b) The court may permit withdrawal or amendment of an admission
    only if it determines that the admission was the result of mistake,
    inadvertence, or excusable neglect, and that the party who obtained
    the admission will not be substantially prejudiced in maintaining
    that party's action or defense on the merits.
    (c) The court may impose conditions on the granting of the motion
    that are just, including, but not limited to, the following:
    (1) An order that the party who obtained the admission be
    permitted to pursue additional discovery related to the matter
    involved in the withdrawn or amended admission.
    (2) An order that the costs of any additional discovery be borne
    in whole or in part by the party withdrawing or amending the

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  • Do I have to reissue notices of appear to plaintiff if the initial trial date was vacated? Or amend the original one and letter?

    Also, I read you don't have to pay witness fees up to a 150 miles is this correct? Thanks.

    Frank’s Answer

    Was the trial date vacated or continued? If the trial was continued, you can serve an amended notice to appear. If the trial date was vacated, you will need to serve a new notice to appear at trial. Witness fees are not required to be paid to the parties in the case, only to third party witnesses (which you will have to subpoena, not just serve a notice to appear).

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  • I was the plaintiff in a Small Claim that was dismissed without prejudice last week

    I learned about it because my roommate went to get my mail in my mail box. I failed to appear on trial after I requested postponement due to surgery and could not show up due to Medical reasons and I am still at bed rest. What can I do now? Is the...

    Frank’s Answer

    File a Form SC-135 immediately. Here is the form:

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  • After someone filed for workers compensation, do I need to get workers comp for everyone else now?

    This is confusing. if the state or whoever handles the claims says they are eligible for this, which I will fight because I don't think theyre employee, does it mean I have to get it for other contractors who do that same job? Or should I wait f...

    Frank’s Answer

    In California, so long as you employ a single employee, you are required by law to have workers compensation insurance, regardless of whether you think you need it or not.

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  • If a lawsuit is filed but the statute of limitations has run out, will there still be a record somewhere of that suit?

    question stands as is.

    Frank’s Answer

    Yes, when a complaint initiating a lawsuit is filed, the lawsuit becomes a matter of public record, even if the complaint is never served and/or the case is ultimately dismissed. Under California law, unless confidentiality is required, court records are presumed to be open to the public. (CRC 2.550(c).) There are some limited exceptions to this general rule, such as under Code of Civil Procedure section 1161.2, wherein unlawful detainer case information is not available to the public for the first 60 days after filing. Absent a court order that the file be sealed, court files are public records.

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  • Does my subtenant have a right to see my master lease?

    I am going to sublease my office. The prospective subtenant wants to see my master lease, but I would prefer not to show it. Am I under any obligation to do so?

    Frank’s Answer

    Yes. Since a subtenant's rights are no greater than the tenant's rights, the subtenant is entitled to see the master lease agreement. Moreover, in most instances, any subtenancy must be approved by the master landlord.

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  • Demurrer and Form Interrogatory 15.1

    How do I respond to 15.1 if I have a demurrer set for hearing in a few months? I don't even really know what my affirmative defenses are because the complaint is relatively non-specific and fails to state a cause of action. (Yes, its "one of those.")

    Frank’s Answer

    In response to Form Interrogatory No. 15.1, you would object on the grounds that the interrogatory is premature because the Responding Party has not yet filed an Answer to Complaint, and therefore has not made any denials of material allegations nor raised any affirmative defenses.

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  • CA limited civil Account Stated Evidence.

    CA limited civil Account Stated Evidence. To claim an Account Stated do you need to show evidence that an account was closed, leaving a final balance owed, or would it be sufficient to show a balance owed on documents that detail a still open and ...

    Frank’s Answer

    No, it is not necessary to prove that the account was closed. An account becomes stated when the debtor has not made any objections to the existence of debt and amount owed to the creditor, or when the debtor made regular payments of debt without any protest. For California authorities, see California Civil Jury Instructions (CACI) 373:

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  • Question about non-refundable deposit when selling real estate in California

    Lets say person A is selling person B a land parcel in Southern California. Person B is unable to provide proof of funds but agrees to a non-contingent all cash offer. Person B claims that an initial deposit will be made when escrow opens, and s...

    Frank’s Answer

    There will inevitably be loopholes or methods that the buyer could use to try to prevent the early release of the non-refundable earnest money deposit. However, if the purchase agreement is properly drafted with clear instructions as to the early release of the deposit and specifically designating said deposit to be non-refundable to buyer, the seller should be okay. Regardless, to protect the seller from having the buyer tie up the property due to inability to close escrow, the agreement should unequivocally specify what happens if the buyer is not able to consumate the transaction. In other words, the issue is much broader than just the deposit.

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  • What is the proper party (s) to serve when original company is bought out by a larger publicly held company.

    I filed my sum & complaint, but it has not yet been served on defendants and in that period I have learned that they are now owned by a larger publicly held company. I was already planning on filing a first amended complaint and now I am just pla...

    Frank’s Answer

    On your First Amended Complaint and on your Amended Summons, you could name the defendant as (NEW-COMPANY-NAME), as successor-in-interest to (OLD-COMPANY-NAME), and just serve the agent for service of process for the publicaly held company.

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