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Frank Wei-Hong Chen

Frank Chen’s Answers

23,586 total


  • 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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  • Is "Entering a Judgment" the same as signing a judgment form?

    I know that the two actions can take place on different days, but if so, would the court need two separate motions as described in CCP 664.6: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of ...

    Frank’s Answer

    No necessarily, but often is the case. A judge can sign a judgment, but the judgment can be filed and entered a day or more later. Regardless, only one motion pursuant to CCP 664.6 is necessary.

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  • Gave sixty day notice to vacate my rental home in march. Its the end of july tenant is still there. what can I do.

    tenant hasn't paid rent and hasn't moved out. he says he cant find a place to move into. I have the house sold but buyer wont sign final doc until its empty. Buyer is considering looking for another home. Do I have to give a new sixty day notice o...

    Frank’s Answer

    If time is of the essence (and here it seems so), you need to hire an eviction attorney to handle this for you. Assuming he is/was a month to month tenant, you can file an unlawful detainer lawsuit once the 60 day notice period has expired. Otherwise, if he has a fixed term lease and has not paid rent, then you need to serve a 3 day notice to pay rent or quit.

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  • What forms are used to file unlawful detainer when asking for rent owed?

    In addition to civil case cover sheet,addendum, complaint,summons and pos/notice is there a for m for the judgment for the$ owed? Thank you.

    Frank’s Answer

    • Selected as best answer

    Presumably, you have already properly served a 3 day notice to pay rent or quit, and have a proof of service for the 3 day notice. These will be Exhibits 2 and 3 to your Complaint. Exhibit 1 will be the lease or rental agreement. To file an unlawful detainer lawsuit in Los Angeles County, you will need a Summons, Complaint for Unlawful Detainer, Civil Cover Sheet and Civil Cover Sheet Addendum and Statement of Location. There is no need to submit a proposed judgment until you obtain a defaulr or win at trial. For the Civil Cover Sheet Addendum, see:
    http://www.lacourt.org/forms/pdf/LACIV109.pdf

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  • I found out my roommate has been overcharging me for 1/2 the rent. Is this legal and what are my rights?

    I was recently added to the lease at the request of the landlord (although the lease is in my roommate's name). The landlord created a new tenant portal account online, where I realized our rent is $1200. I pay $645 plus split utilities. I have th...

    Frank’s Answer

    Your rights are determined by the agreement between you and the roommate, whether it is a written agreement or an oral agreement. It appears you did not have any express agreement with your roommate as to how rent was to be split. However, you cannot merely assume that your obligation to the landlord is exactly half. A possible repercussion if you pay less than the full rent to the landlord is that the landlord can evict both of you and with an eviction on your record, it will be pretty difficult to rent again in the near future. I strongly suggest you have a discussion with your roommate before you unilaterally take matters in your own hands.

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