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Frank Wei-Hong Chen

Frank Chen’s Answers

23,126 total


  • Served unlawful detainer by a family member, The family member lie on the document and had a attorney file the complaint

    I am a live in care taker for the owners, 2 women till the home was taken from them for a loan of 50k I turned over all evidence to the detectives / authorities. Thus . I was served a unlawful detainer complaint because I told authorities thi...

    Frank’s Answer

    Yes, there is a strong possibility you will still be evicted if you do not timely respond to the summons and complaint for unlawful detainer, and defend the UD case. Merely recording a(nother) grant deed with you as another owner would not defeat the UD action. As a general rule, unlawful detainer actions may not adjudicate questions of title. (Drybread v. Chipain Chiropractic Corp (2007) 151 Cal.App.4th 1063, 1072.)

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  • A. Judgement was in defendants favor and i am barred from sueing them, was stated on the paperwork (judgment). Now what?

    I received paperwork that the attorneys for the defendant got relief saying I an not allowed to sue or file on them again. All I did was buy a bike pedal came off and filed a claim for medical and loss of wages. Demurrering me they already knew ab...

    Frank’s Answer

    There is nothing further you can do with respect to taking legal action against these defendants if the time for you to file a notice of appeal has passed. The doctrine of res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. The doctrine of res judicata acts to bar a complaint when there has been a final judgment on the merits between the same parties and upon the same cause of action. (Busick v. Workers' Comp. Appeals Bd. (1972) 7 Cal. 3d 967, 974.)

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  • Can a Demurrer be filed in response to a Motion to Quash a Supplement to Petition in Probate Court?

    I assume the opposing counsel was agreeing with the Motion to Quash exhibits and facts, but claimed the Motion's Factual Background was conclusory and the exhibits were irrelevant & hearsay. A Demurrer I have been told is a legal "So What". Why wo...

    Frank’s Answer

    No, a demurrer would not be a proper response to a motion. A demurrer can only be filed in response to a complaint or an answer. (See Code of Civil Procedure sections 430.10-430.80.) The judge did not have to strike the improperly filed demurrer (and even if the judge did so, the demurrer is still a matter of record as part of the court file).

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  • Has a plaintiff waived their right to arbitration in LACBA if they filed, but never served attorney, in a small claims action.

    Attorney stated he would return retainer after losing case by filing action too late, he never did. After 6 months of excuses client filed action in small claims but has been unsuccessful in getting attorney served. CA State Bar advises this is...

    Frank’s Answer

    No, a client is not required to arbitrate a fee dispute with an attorney. Only an attorney is required to arbitrate fee disputes when a client requests it. Pursuant to California Business and Professions Code sections 6200-6206, clients have the right to request mandatory arbitration to dispute fees and costs charged by an attorney for professional services. Alternatively, clients can choose to litigate in small claims or state superior court.

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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.. 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.

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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

    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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  • 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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