Frank Wei-Hong Chen’s Answers

Frank Wei-Hong Chen

San Marino Litigation Lawyer.

Contributor Level 20
  1. I am seeking an experienced litigation attorney that can handle my real estate related case

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Christine C McCall
    3. Frank Wei-Hong Chen
    4. M. Todd Miller
    5. Charles Michael Tobin
    5 lawyer answers

    What Ms. Sinclair means is you cannot post to solicit an attorney to contact you. Rather, this site is used for asking general legal questions regarding various types of law. If you wish to hire an attorney, you have to be pro-active and do the leg work and look yourself. Avvo's directory of attorneys is very complete.

    13 lawyers agreed with this answer

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  2. When , or How , or Does the Plaintiff need to answer Defense quoting of Plaintiff's words and sentences in his Declaration

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Frank Wei-Hong Chen
    3. Andrew Daniel Myers
    4. Robert Bruce Kopelson
    4 lawyer answers

    When you say Plaintiff filed an objection on time, I hope you mean an "Opposition" filed at least 14 days before the hearing, and I hope your Opposition presented evidence in the form of declarations and/or deposition testimony which raises at least one triable issue of material fact. What the judge is looking for is evidence to show that there are material disputes of fact which entitles you the plaintiff to go to trial.

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  3. I haven't maintained my corporation well. Is it too late to start now?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Samuel G Lockhart
    3. Frank Wei-Hong Chen
    4. Ann Penners Bergen
    5. Dana Howard Shultz
    6. ···
    6 lawyer answers

    Unfortunately, it is not possible (especially on a public forum such as Avvo) to give you an opinion on what you might still be able to do now to avoid alter ego liability. There are many factors, some which you can change (corporate minutes), others which you cannot change after the fact (such as undercapitalization and commingling of funds). Generally speaking, the alter ego doctrine can be used to "pierce the corporate veil" to obtain personal liability against individuals who own and...

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  4. I'm in Pro Per and one of my cause of actions is for Intentional Infliction of emotional distress. The defense has filed for

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Constantine D. Buzunis
    3. Sean Michael Patrick
    4. Neil Pedersen
    5. Christine C McCall
    5 lawyer answers

    It sounds like the defendant has filed a motion for summary adjudication. You need to file a timely opposition 14 calendar days from the motion hearing date. As the plaintiff, you must demonstrate conduct which “exceeds all bounds of decency usually tolerated in a decent society.” (Murray v. Oceanside Unified School Dist. (2000) 79 Cal.App.4th 1338, 1362–1363.) Adding an IIED claim might make it a little easier to claim punitive damages. California Civil Code section 3294 permits an award...

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  5. Would I be out of line to ask these question next week to the law firms I am interviewing?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Charles Doland
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    I assume you are contemplating hiring a tax lawyer or tax law firm. You can ask these questions. However, some of these questions relating to other clients are really generally and not relevant to your engagement. Questions regarding expectations for billing and resolving billing disputes are legitimate. You don't have to make it known that you got burned before or specifically how it happened. Just make known your concerns. As for whether you ought to hire a second law firm to...

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  6. I filed a answer to a civial matter and now it came back to me that they are going to ask the Court to Strike my answer to the

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Andrew Daniel Myers
    2 lawyer answers

    In California, when a complaint is verified (meaning signed under penalty of perjury), then the answer must also be verified. In your case, the plaintiff filed a motion to strike because the amended complaint was verified but your answer was not verified. You will need to file a First Amended Answer to the amended complaint which admits or denys (or states that you lack sufficient knowledge to admit or deny) the allegations of each paragraph. The last page of your First Amended Answer to...

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  7. Can I conduct discovery when opposing counsel filed demurrer and concurrent motion to strike to my complaint?

    Answered 4 months ago.

    1. Frank Wei-Hong Chen
    2. Alan Ray Barnes
    3. Larry Dean Smith Jr.
    4. Robert Bruce Kopelson
    5. Joseph Caleb Markowitz
    6. ···
    6 lawyer answers

    Yes, you have the right to discovery notwithstanding the fact that the pleadings are not yet "at issue" due to the pending demurrer and motion to strike. Just because a demurrer is pending does not excuse a party from responding to written discovery. Discovery and pleadings are two separate tracks. Responding to discovery (or not responding) has no effect whatsoever on the status of the pleadings. It does not render the demurrer or motion to strike moot. Discovery relates to evidence,...

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  8. "have you ever been arrested Or convicted of any crime". Is that a proper question at a DEPOSITION in a PI case ?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Barry P. Goldberg
    3. Manuel Alzamora Juarez
    4. Neil P. Flynn
    5. Christian K. Lassen II
    5 lawyer answers

    Yes, the non-party witness can object on the grounds the question violates the witness's right of privacy. The question as phrased is also compound because being arrested and being convicted are two separate issues. Generally speaking, a felony conviction could be relevant to a witness's credibility. But any arrest or any conviction for any crime would be overly broad.

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  9. Do employers in California need to provide former employees a reason for termination?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Christine C McCall
    3. Michael Robert Kirschbaum
    4. Michael Jens Frederick Smith
    5. John Tobin Van Geffen
    6. ···
    6 lawyer answers

    No, there is no requirement that the employer provide you with a reason for terminating your employment. Such information is not required to be documented by law. However, if you are applying for unemployment benefits, the employer is obligated to disclose reason(s) why you would not be qualified for unemployment benefits, such as misconduct. http://www.edd.ca.gov/UIBDG/Misconduct_-_Table_of_Contents.htm

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  10. Do you know of any California law states whether an insurance company is authorized to accept service on behalf of its insured

    Answered over 2 years ago.

    1. Harry Edward Hudson Jr
    2. Frank Wei-Hong Chen
    3. Marc Sean Hurd
    4. Paul Y. Lee
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    There is no such law in California.

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