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Frank Wei-Hong Chen

Frank Chen’s Answers

23,663 total


  • My paychecks keep bouncing... Is there anything I can do legally?

    I've worked at a well known restaurant run by an LLC company for a 18 months. In the time that I have been there my paychecks have bounced 5 times, THAT I KNOW OF (I'll get to that part). Once in Dec 2014, once in Jan 2015, once in March 2015, and...

    Frank’s Answer

    This is obviously not right. The Department of Industrial Relations’ (DIR) Division of Labor Standards Enforcement (DLSE) which is also known as the California Labor Commissioner’s Office, has a Criminal Investigation Unit (CIU) designed to investigate employers who perpetrate wage theft and other criminal activities against workers. Cases handled by the Criminal Investigation Unit include workers’ compensation violations, theft of labor (which can be a felony or misdemeanor), payment of wages with bounced checks or other insufficient funds, unlicensed farm labor contractors and garment manufacturers, kickbacks on public works projects, violations involving minors on the job, and impeding of Labor Commissioner investigations. Employees who have work-related questions or complaints can call the California Workers’ Information Hotline at 1-866-924-9757.

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  • Is it legal for landlord to record in house without my knowledge?

    I moved in about 2 months ago and he has a security system that has video and audio recording devices in house that he stated were not working. Well he has left for the weekend and I'm chilling walking around in my underwear and I'm in the kitchen...

    Frank’s Answer

    It is not entirely clear from your post but if the landlord also lives in the same house, then the argument is that you wouldn't have the same reasonable expectation of privacy compared to the situation where you rent the entire house.

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  • When filing a Request for Judicial Notice, if the entire file is actually in the same court, do you have to attach exhibits?

    When making a Request for Judicial Notice, if the entire file is actually in the same court, do you have to attach exhibits of every item you want to court to judicially notice? Or can you simply provide detailed information about each item in th...

    Frank’s Answer

    Yes. Even if the documents you are requesting that the court take judicial notice is physically located in the same department/courtroom, albeit a different case number, you still need to file a Request for Judicial Notice and attach copies of those documents in connection with your case.

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  • Do I need a real estate lawyer

    We were looking for a new home. We found a house my mom went to the company gave them the deposit and rent. She gave notice to her landlord, the next day they called my mom and told her the house was for someone else. My mom almost became homeless...

    Frank’s Answer

    No, your mother can probably sue in small claims court for return of the deposit and rent. There is no need to hire a real estate attorney if the amount of the claim is $10,000 or less.

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  • In an unlawful detainer case, if tenant does not file an opposition to summary judgment motion, can the tenant submit evidence

    at the hearing? California Rule of Court 3.1351(b) states that argument can be made at the hearing but nothing about submitting evidence.

    Frank’s Answer

    Yes, if this is an unlawful detainer MSJ, due to the shortened notice period, California law permits the tenant opposing the MSJ to present argument and evidence at the time of the hearing. The provisions of CCP §437c(a)–(b) concerning the time for making and hearing the MSJ do not apply to UD actions, nor does the requirement of a separate statement supporting or opposing the MSJ. [See CCP §437c(b), (r).] If you wish to have the court consider a written opposition in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing. Service of the written opposition must be by personal delivery, fax transmission, express mail, or other means, and reasonably calculated to ensure delivery to the other parties no later than the close of business on the court day before the hearing. The court has the discretion to consider written opposition which is filed later. [CRC 3.1351(c).]

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  • Can I be fired from a job because I have a medical condition and can't use the elevator?

    I have vertigo which is exacerbated by using elevators so I avoid them and use the stairs. In addition I'm also claustrophobic, so even if I didn't have a problem with vertigo I would avoid using elevators. I'm working in a Dept. Store and the e...

    Frank’s Answer

    The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a worker's disabilities. You need to advise your employer about your disabilities, and in return the employer must make reasonable accomodations for your medical condition. Once your employer knows about your need for an accommodation, he or she must engage in an interactive process with you to help determine what accommodations might be appropriate. If you don't provide any information to your employer about your medical condition, yes, you can be fired.

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  • Do I have to pay for back rent when they tried to wrongfully evident me and lost. But now they want back rent.

    My landlord did a unlawful detainer on and for 3 months didn't take our rent. So now that this is over and they lost the case they are asking for 3 months of rent. I feel i don't own them rent because of everything i went though. I packed up my ap...

    Frank’s Answer

    You don't indicate why you won, was it because the notice was defective, the dwelling was uninhabitable, or what. The reason this is important is because unless the judge ruled that you are excused from payment of rent, you must pay rent for each day that you actually occupy the dwelling (even if you move out). Even though the landlord might not have gotten a judgment to evict you and for unpaid rent, the landlord can still file a civil (perhaps small claims) court lawsuit for unpaid rent. If you had/have a lawyer, you should ask your lawyer these specific questions.

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  • Should I get a lawyer

    I was on my lunch break from work and decided to eat next to my place of employment which was taco bell as I started to step in to taco bell I immediately slipped on some form of grease that was all over the floor. I am five months pregnant and my...

    Frank’s Answer

    You should get a lawyer if you have specific questions regarding this tramatic incident. However, unless you or your baby sustained injuries, your maximim recovery (assuming you can establish liability) will probably be limited to your ambulance and ER expenses and half day of lost wages.

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  • There are no fire/carbon monoxide alarms in all apt. Isn't my landlord required to provide one? What happen if we report It?

    My apt hasn't had neither one in it since i live there and its not just me who doesn't have them in the apt more then half of my neighbors don't have them either. So who do we report it too and what happen to landlord? How do we get someone to co...

    Frank’s Answer

    Califonria Health and Safety Code 13113.7 requires working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells. A violation is an infraction punishable by a maximum fine of two hundred dollars ($200) for each offense. An apartment complex tenant is responsible for notifying the manager or owner if the tenant becomes aware of an inoperable or missing smoke detector within his or her unit. The owner or authorized agent must correct any reported deficiencies in the smoke detector and shall not be in violation for a deficient smoke detector when he or she has not received notice of the deficiency. To make a report, contact your city's Code Enforcement Unit. See:
    http://www.sandiego.gov/nccd/housing/

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  • Can I keep my apartment?

    I'm a USMC veteran, I pay my rent on time, I don't cause any disturbances in the neighborhood. I do have two (2) ESA (emotional support animals) dogs (pitbulls). There has never and will never be any incidents. The complex has sent over many 3 day...

    Frank’s Answer

    Thank you for your service to our country. If your fixed term lease is up, or if you are a month to month tenant, the landlord has the legal right to terminate the tenancy upon serving a 60 day notice. Under California law, the landlord is not required to explain or state a reason for ending the tenancy in the 60-day notice. In fact, if the lease is up, unless the lease itself has a notice provision, the landlord does not even need to provide notice to the tenant before initiating an unlawful detainer case. Therefore, you will need to move out. You cannot assume that the threatened eviction has anything to do with having to ESA dogs.

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