Frank Wei-Hong Chen’s Answers

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

Unfortunately, the LLC must be represented by an attorney in order to participate in litigation. If there is a default 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...

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.

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...

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,...

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.

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).

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.

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.

Generally speaking, unless you have a non-circumvention agreement, the owner of the club can compete with you, including soliciting members of your band. However, depending upon the facts in your situation, you may have a viable claim for intentional interference with contractual relations and/or intentional interference with prospective economic advantage. Such lawsuits, however, are expensive to fight, and might not be worthwhile pursing unless you are talking about major monetary damages.