Frank Wei-Hong Chen’s Answers

Frank Wei-Hong Chen

San Marino Litigation Lawyer.

Contributor Level 20
  1. How do I transfer the title of my house into my revocable living trust?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Thomas Devlin Begley III
    3. Steven M Zelinger
    3 lawyer answers

    You should have funded the living trust by transferring the title to the house to the trust. Otherwise, you won't get any of the benefits of having a living trust with respect to that house. The following provides a summary for how to do so in Los Angeles County. First, prepare a Grant Deed or Quitclaim Deed conveying title from yourself to the full name of the trust. A form for the Grant Deed can be found online at: http://www.lavote.net/GENERAL/PDFS/GRANT_DEED.pdf...

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  2. What are my chances of getting time push back trial date I'n civil case I'n ca . Breach of contract I am plaintiff ?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Christine C McCall
    3. Paul Y. Lee
    3 lawyer answers

    Not very likely. In California, a motion to continue (postpone) a trial date is a disfavored motion. “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (California Rules of Court, Rule 3.1332.) The court may grant a continuance only upon an affirmative showing of good cause. “The court must look beyond the limited facts which cause a litigant to request a last-minute...

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  3. I am an unlicensed handyman in Santa Clarita. A homeowner refused to pay for work performed.

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Pamela Koslyn
    3. Thomas F Nowland
    3 lawyer answers

    No, you will lose in small claims court if you sue, and you will likely be counter-sued by the homeowner. California law is very strict in not allowing unlicensed contractors recover in court. It is illegal for an unlicensed person to perform contracting work on any project for which the combined price of labor and materials is $500 or more.

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  4. Writing a concern letter to the court about the manner in which the hearing was held /comments made/judge's attitude.

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. James Carl Eschen III
    3. Jack Richard Lebowitz
    4. Robert Bruce Kopelson
    4 lawyer answers

    Generally speaking, a judge cannot and will not consider a "letter" because it constitutes a one-way ex parte communication. A party must make a motion to the court so that the opposing party has the opportunity to oppose it. Writing a letter of concern or complaint will most likely be ignored.

    14 lawyers agreed with this answer

  5. NEED A SAMPLE OPPOSITION TO DEMURRER. THE DEMURRER IS BASED ON (MOSTLY) QUESTIONING THAT IT FAILS TO STATE FACTS SUFFICIENT TO.

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Neil Pedersen
    3. Robert Bruce Kopelson
    3 lawyer answers

    Without knowing what your case is about, or even which causes of action you have alleged in the complaint, it is quite frankly impossible to give you any guidance or direction. Generally speaking, rather than opposing a demurrer, a plaintiff ought to file an amended complaint which fixes the deficiencies raised in the demurrer. Look at the CACI jury instructions for what essential elements must be alleged to state a particular cause of action. http://www.courts.ca.gov/partners/...

    14 lawyers agreed with this answer

  6. Can I sue my partner for damage he's caused to our LLC if the OA requires arbitration? Can I force buyout or dissolution?

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Neil Pedersen
    3. Michael Charles Doland
    4. Edward Zaryl Kotkin
    5. Charles Michael Standard
    5 lawyer answers

    Unfortunately, your situation is far more complicated than any attorney could answer on Avvo. Moreover, this is a public forum, and Avvo isn't a substitute for hiring your own attorney. Your attorney will need to carefully review the Operating Agreement. It is possible to litigate even though there is an arbitration clause but there is a risk that the other member will move to compel arbitration. Buy outs and dissolutions ought to be covered under the LLC's Operating Agreement. Most...

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  7. Are employees entitled to have vacation, or employers have the discretion to provide or not provide vacation to them?

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Frank Wei-Hong Chen
    3. Mark Harrison Wagner
    4. Marilynn Mika Spencer
    5. Gian M. Fanelli
    6. ···
    6 lawyer answers

    No, vacation time is not an employee's right. Vacation is a benefit which many employers provide, but the law does not require an employer to provide any vacation time. See what you can negotiate with your particular employer. There is no federal or state law requiring employers to provide employees vacation benefits whether paid or unpaid. However, as a practical matter, almost all employers provide some vacation in the form of an annual allotment of paid or unpaid time off. Where...

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  8. How much time are you provided between service of a subpoena and deposition date in Califronia?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    1 lawyer answer

    The answer depends on whether you are a party to the litigation or just a witness, and also whether you are asked to produce any documents in connection with the deposition, and the type of documents requested (which might require concurrent service of a notice to consumer). The answer also depends upon the method of service of the deposition notice (personal service, mail service, or overnight delivery). The answer also depends on the status of the service of the summons (there is a waiting...

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  9. Can I sue in the limited jurisdiction of the Superior Court for under $1,000?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Kamala Maddipoti
    3. Adrienne Patricia Allen
    3 lawyer answers

    Yes, if you desire to conduct pre-trial discovery, you can sue in limited jurisdiction superior court. You are not restricted to file only in small claims court, even if your claim is for under $1,000.

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  10. What are the legal issues(taxes, credit, etc) on letting a rental property go into strategic foreclosure?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Christopher Michael Larson
    3. Steven Anderson Leahy
    3 lawyer answers

    This a very broad, opened-ended question without a whole lot of specific facts. Nevertheless, here is some general information which you may find helpful: Under the federal Mortgage Debt Forgiveness Tax Relief Act of 2007 (applicable till the end of 2012), you will not need to pay any income tax on canceled debt (which is the unpaid loan balance that is forgiven by lender) resulting from a foreclosure, short sale or deed in lieu of foreclosure if you as the borrower satisfy certain...

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