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Frank Wei-Hong Chen

Frank Chen’s Answers

23,570 total


  • When Defendant in civil cases fails to appear/is a no show. Plaintiff's claims presumed to be true by Judge?

    When Defendant in a civil case fails to appear/is a no show, is the Judge required as a matter of law to presume that all of Plaintiff's claims are true (unless otherwise proven)?? Why or why not?? Also, when Defendant is a no show, is there a "...

    Frank’s Answer

    No. The plaintiff still bears the burden of proof as to all claims. Nothing is presumed nor automatic. If you are referring to a "no show" at the trial, then the court will normally still proceed with the trial, with the plaintiff conducting a "prove up" with evidence supporting the plaintiff's claims and damages. The plaintiff, if represented by counsel, answers the questions by counsel (not the court). This presumes the defendant filed an answer and did not appear for trial. If the defendant did not file an answer, then the plaintiff should file a request for entry of default, and then request for entry of default judgment (a default judgment packet).

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  • Collection Judgment

    I had debt about 10 years ago, i thought i paid all, but i was sued by the collect agency. About a month ago, they hold my bank money and they took all of them. and they sent me the notice of opposition to claim of exemption and notice of hearin...

    Frank’s Answer

    Your post does not indicate how long ago the judgment was entered. If you were unable to defend the case because you were not properly served with the summons and complaint, and this resulted in a default judgment, you might be able to make a motion to set aside default and vacate default judgment. However, if the judgment has been around a while and you haven't done anything to promptly vacate, but you are having difficulty paying the judgment, you would be filing a Claim of Exemption and Financial Statement. You may have already done so, based upon some of the comments in your post. However, if you actually owe the money on this debt, you probably won't be able to get the bank money back.

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  • Do I need an legal agreement associated with a property that has been bought by 2 parties?

    My parents and myself have put money together to buy a house for them to live in. My brother was named as the title holder of the property. We want to make a document to state that the house is not an investment in any shape or form. Also it ca...

    Frank’s Answer

    There is no way to prevent a judgment creditor from encumbering the property with a judgment lien to pay the liabilities of any co-owner. I think the most prudent course of action is to establish a family living trust, and have the family living trust hold title to this property. Seek the advice of a local estate planning attorney as soon as possible.

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  • Can I name two (2) defendants in an Application for Judgment within the same pleading

    I already file as was entered a, Notice of Default. Now I'm filing a Application for Judgment. Can I include both defendants in my pleading. I complete CIV-100, and JUD-100 forms individually for each defendant but not sure if I should attach the...

    Frank’s Answer

    Yes, and in fact, all defendants that have already been defaulted should be named as defendants in the proposed default judgment. There is no need to attach the complaint. If you cannot afford to hire an attorney to prepare the default prove-up packet for you, you can look at the following guides and checklists:

    http://saclaw.org/wp-content/uploads/sbs-request-a-default-judgment-by-court.pdf

    http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CIVILFORMS/CIV251_FILLABLE.PDF

    http://www.occourts.org/forms/local/l1006.pdf

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  • Conspiracy against me.

    I'm a GM for over 14 years and my area manager is conducting an investigation on my behalf because I have a lot of turn over, she is being talking to my employees and asking questions about me but always when I'm not there, one of my coworkers to...

    Frank’s Answer

    Nothing in your post indicates that the area manager's oversight and investigation are illegal, even if it may appear to constitute a conspiracy against you. You ought to be fully cooperative and not hinder the questioning. If you have specific concerns regarding your situation, you should consult with a private employment attorney in your area, rather than to disclose too much information on this public forum.

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  • Will my insurance cover my property damage, invoice i just received?

    I was in a solo car accident on the freeway on APRIL 03, 2015. I hit the guardrail. My car was defined as totaled. My insurance paid for what the car was worth. By the way i had full coverage. On MAY 3RD 2015 I terminated my insurance because i ha...

    Frank’s Answer

    If you received an invoice for damages, you must immediately tender the claim to your insurance carrier. It will be up to the insurance carrier to either pay it or provide you with a written explanation as to why the carrier is denying coverage. Generally speaking, your auto policy should cover claims for occurences which occured while the policy was in effect. (There are other types of insurance policies, called "claims made" policies, for which coverage depends upon when the claim was made, not when the incident occurred).

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  • Do i legally have to provide refunds to someone on craigslist because they found a better deal?

    So i sold my smartphone on craigslist, and began using my older smart phone for the time being until i switch to a new network in august. i had multiple people asking me for the device however i held onto it for this one customer/buyer. the buyer ...

    Frank’s Answer

    No, you have no legal obligation to provide a refund just because the buyer found a better deal elsewhere.

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  • Can my landlord deny a transfer of lease?

    I have great landlords I just want to know what to expect. I accepted a job 250 miles away because employment is scare where we love and both my husband and I were just laid off for lack of work. I have several people qualified and interested in t...

    Frank’s Answer

    Yes, a landlord can deny a tenant's request to sublease or assign, depending upon the terms of the specific lease. The landlord retains the right to reject any tenant applicant. Also, keep in mind that an assignment of lease usually means you remain liable for all obligations under the lease. If you just move out and surrender the keys, the landlord still has a legal duty to mitigate damages by finding a replacement tenant. The fact that you proposed a qualfied tenant is good defense to any future lawsuit by the landlord for breach of lease.

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  • Would I be sued to pay back my debtor outside of the statue of limitation

    I've owed about $100,000 back in June 2008. That was the time I stopped making any payments. I checked my credit report in April 2015 and found there is no court judgement on me. I know there's a 4 year statue of limitation for debt collection. ...

    Frank’s Answer

    Since the statute of limitations is an affirmative defense which must be asseted in response to a complaint, there is no guarantee that you would not be sued. The statute of limitations is not an automatic bar. Moreover, there are several exceptions to the 4 year statute of limitations which might toll (extend) it, such as when you are out of state (Code of Civil Procedure secrtion 351), or when you lack legal capacity (Code of Civil Procedure section 352). See generally Code of Civil Procedure sections 350-363. In short, you may never be "safe" from the old debt. However, if your house increases in equity over time, it would likely provide you with an easier method to settle/resolve/satisfy the old debt.

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  • I am selling my house. In the Statewide Buyer and Seller Advisory form, it mentioned about disclosing certain substances.

    My son used marijuana and stayed in the house a year ago. Am I required to disclose that? He was arrested in the property for possession of marijuana so there is police record of that.

    Frank’s Answer

    No, that situation is not one of the ones requiring disclosure in connection with a real estate transaction.

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