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Frank Wei-Hong Chen

Frank Chen’s Answers

23,783 total


  • What kind of attorney would fight for my rights after an eviction?

    Evicted Apr 1, 2015. Posted on the front door, the new landlord had 15 days to keep our personal property and animals safe. On April 6th our neighbors called us and said that our belongings were out in the front yard and the 3 indoor cats were a...

    Frank’s Answer

    If you could afford a lawyer, you need to look for a tenant's lawyer. Otherwise, each of you might be better off filing separate small claims court lawsuits. It is much faster, and you can each represent yourself without an attorney. Each small claims court lawsuit can award up to a maximum of $10,000.

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  • Will the court provide a refund of court fees if I have already paid, and will the accept Court Fee Waiver now ?

    Pro Per - Civil Unlimited Auto accident.

    Frank’s Answer

    Not likely. If you already paid the first appearance fee, it is unlikely the court will grant a fee waiver application AND provide a refund. However, if your financial situation has changed since the time you filed your complaint, you can file a Form FW-001 to waive other fees, and also a Request To Waive Additional Court Fees (Form FW-002).

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  • Records

    Had to substitute lawyer out and go in pro per. What is appropriate with regards to asking lawyer to a) handover my file /records and b) delete them from their record given they no longer represent me. With regards to second question are they unde...

    Frank’s Answer

    You are the client, and it is YOUR file. You are entitled to the original file, the entire file. If the attorney wants to make a copy, the attorney can do so at the attorney's own expense (unless your retainer agreement says that you agree to pay for the photocopying costs). See California Rules of Professional Conduct, Rule 3-700 Termination of Employment (D).

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  • Is it ok to share previous companys payslip with new employer without breach of confidentiality agreements?

    my new employer is asking for paystubs from last employer for visa purposes .... is it ok to share ?

    Frank’s Answer

    Most likely, it is okay. However, it is not possible to provide any opinion without having reviewed the actual confidentiality agreement in question.

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  • Can I sue my former employer for forcing me to terminate my employment?

    With no previous issues in my personnel file, my employer put me on a performance improvement plan and gave me 30 days to change o r lose my position. I was already under stress and was attending counseling sessions. I could not change what was be...

    Frank’s Answer

    A lawsuit against your former employer would not be a panacea, especially if you voluntarily stepped down. An employer can terminate an employee "at will", unless there is a written employment agreement. You might possibily have a claim for disability discrimination, but an attorney would need to analyze more facts regarding your stress and work performance.

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  • What would be the legal basis to request the judge to take pictures inside the court room ?

    Wish to take a picture of ex inside the courtroom for memories. Can I make a motion ?

    Frank’s Answer

    That would not likely be a valid basis. For more information on this topic, see California Rules of Court Rule 1.150.

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  • Can the landlord withhold my deposit for power washing the exterior of the house. it was Not messy.

    On the walk through for move out, he said to power wash the exterior, I did, looked great, he found a few webs and now said he is hiring some to do it and charging me. He also is stating other repairs, but the new tenants moved in the day after I ...

    Frank’s Answer

    It would be quite unusual for a landlord to require a tenant to powerwash the exterior of a residential dwelling unless for some reason, the tenant caused the problem beyong what would be considered normal wear and tear, and unless the lease or rental agreement expressly required this. It appears you might have to sue the landlord in small claims court for failure to return your deposit. For more information, see:
    http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

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  • Can a legit messenger service get in any kind of trouble by lying or committing perjury on their "Proof of Service"?

    After being served a "Three Day Quit of Pay" notice I waited and waited for the messenger to deliver the "Unlawful Detainer" to be served. After waiting 3 weeks, the local courthouse sends me a courtesy notice that the "Unlawful Detainer" had bee...

    Frank’s Answer

    Practically speaking, even though perjury is a crime, there would not likely be any penalty. If you were purportedly served, you will need to file a motion to quash service of summons. If a default and/or default judgment has already been entered, you will need to make a motion to set aside default and to vacate default judgment. No one can adequately advise you without reviewing the documents that you saw and/or received.

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  • My friend who is on lease was served unlawful det.i was showering sheriff gave him my summons how many days do i have to answer

    im head of household my boyfriend is on lease i was showering last sat 7./18 when sheriff came and asked for me . I was unavailable o he gave boyfriend my summons and handed him hi sown than posted one on door . so when ismy answer due ? 5 days or...

    Frank’s Answer

    I assume both of you are named as defendants? His answer is due 5 days from when he was personally served. Your answer is due 15 days from the date of mailing. There are 5 ways to serve an unlawful detainer in California:

    1) Personal service;
    2) Substitute service;
    3) Mail a notice and acknowledgment of receipt;
    4) Posting and mailing; and
    5) Certified mail

    With respect to substitute service, you can’t use substitute service until the process server tried 2 or 3 times to serve the defendant in person. The law for sub-service is set forth in California Code of Civil Procedure section 415.20(2):

    "If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing."

    A tenant's time to respond to the sub-served summons begins on the date of the MAILING of the summons and complaint.

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  • Do I need an attorney for small claim court?

    I own a nails salon. One of the employee, Maria was doing a pedicure, when the client move his foot, she accidently cut his skin a bit. He bled, and she put on antiseptics solution to prevent infection. He came a week later telling Maria that hi...

    Frank’s Answer

    If you have insurance coverage, you should immediately tender the defense to your insurance carrier. You are not permitted to be represented by an attorney in small claims court in California, but you can hire an attorney to assist you in preparing your defense and your presentation at trial.

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