Frank Wei-Hong Chen’s Answers

Frank Wei-Hong Chen

San Marino Litigation Lawyer.

Contributor Level 20
  1. Statute of limitations for business lawsuits?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Matthew Ronald Eason
    3. Bruce E. Burdick
    4. Richard Eric Anthony Dwyer
    4 lawyer answers

    The statute of limitations for unfair competition under California Business and Professions Code 17200 is four years, but for employment claims can be only three years. The time for bringing an action for misappropriation of a trade secret in an action under the Uniform Trade Secrets Act (UTSA) is three years (Civ. Code § 3426.6). The time for bringing an action for misappropriation of a trade secret in a common law action appears to be two years (Code Civ. Proc. § 339(1); see Davies v....

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  2. I hired an attorney on a contingent-fee basis in a personal injury case.

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. William David Ausman
    3. Christian K. Lassen II
    4. David Lee Fiol
    5. Joel Jay Kofsky
    5 lawyer answers

    A contingent fee attorney can withdraw from the lawsuit at anytime so long as either you consent (by filing a Substitution of Attorney form with the clerk, or entered upon the minutes,) or the court approves the attorney's motion to be relieved as counsel of record after notice. (Code of Civil Procedure § 284.) Obviously, the closer to trial, the less likely the court will grant a motion to be relieved as counsel of record. Although it is unethical for an attorney to abandon a client or...

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  3. Does an attorney have to file a motion to be relieved as counsel?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Mary J Quin
    3. Michael John Apicella
    4. Eric D Ridley
    5. Kevin Samuel Sullivan
    6. ···
    6 lawyer answers

    Yes. Unless the client voluntarily signs a Substitution of Attorney form which is then filed with the Court, the attorney must file a motion to be relieved as counsel of record. Sending a letter to the client and courts would not suffice. A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel (Judicial Council Form MC-051) pursuant to...

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  4. Does using a dedicated personal credit card, but paying for it out of a biz checking account, pierce the corporate veil?

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Charles Doland
    3. Matthew Erik Johnson
    3 lawyer answers

    No, what you described (in itself) would not be sufficient to pierce the corporate veil. Commingling of corporate and personal funds, however, might. In order to raise an alter ego allegation, a plaintiff must provide sufficient facts to show that: (1) the corporation is not only influenced and governed by a person, but also that there is such a unity of interest and ownership that the individuality, or separateness, of such person and the corporation has ceased and (2) an adherence...

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  5. Seller/Lender of land loan will cancel the note if we make a lump sum paymnt of 1/2 the principal owed. What document is needed?

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Kenny Kean Tan
    2 lawyer answers

    You don't need to amend the loan agreement. You just need a release and return of the original promissory note. if the loan was secured by a recorded deed of trust, you will need to record a deed of reconveyance.

    1 lawyer agreed with this answer

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  6. Wage Garnishment and Bank Levy together?

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Robert Harlan Stempler
    3. Alan James Brinkmeier
    3 lawyer answers

    Yes, a judgment creditor can proceed under both methods to enforce its judgment.

    2 lawyers agreed with this answer

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  7. I have no assets and am being sued for credit card debt. My only income is direct deposit social security and military pension.

    Answered over 2 years ago.

    1. Brian S Wayson
    2. Frank Wei-Hong Chen
    3. Donnie Dac Ho
    4. Tom Arany
    5. John Addison Vos
    6. ···
    6 lawyer answers

    If you live overseas and have no plans to return, then I don't think you have anything to be concerned about.

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  8. Need a good B&P 17200 attorney.

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. David Wendell Seal
    2 lawyer answers

    Keep in mind that the primary remedies in a California Business and Professions Code 17200 lawsuit for private enforcers are injunctive relief, restitution, and disgorgement of ill-gotten gains, not monetary damages or penalties. Plaintiffs may be entitled to attorney's fees for enforcing Section 17200, assuming they otherwise meet the standards as a private attorney general under Code of Civil Procedure section 1021.5

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  9. Driver suing me in small claims court regardless the fact I had an insurance when accident has happened.

    Answered about 1 year ago.

    1. Michael R Crosner
    2. Frank Wei-Hong Chen
    3. Adam Jay Jaffe
    4. Richard Andrew Harting
    5. David J. McCormick
    6. ···
    8 lawyer answers

    You should tender the defense to your insurance carrier by providing a copy of the Plaintiff's Claim to your insurance carrier. If there is coverage, the insurance company will send a claims representative to accompany you at the small claims court trial.

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  10. IS THIS NORMAL? WHAT SHOULD I DO?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Steven Mark Sweat
    3. Josh P Tolin
    4. William Nicholas Blasser
    5. Fernando Davin Vargas
    6. ···
    10 lawyer answers

    No, this is not normal nor right. You should only speak with an attorney, not a paralegal or office assistant regarding your case. The person with whom you spoke is probably unlawfully practicing law without a license. You can look up an attorney's license and discipline history at www.calbar.org. Input the attorney's name in the top legal corner of the home page. If a governmental entity might be responsible, in part or in whole, for your personal injuries, you need an attorney to file...

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