Frank Wei-Hong Chen’s Answers

Frank Wei-Hong Chen

San Marino Litigation Lawyer.

Contributor Level 20
  1. What is the paper called that all attorneys use to write declarations on. The paper with lines and numbers so you can find info.

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Adrienne Patricia Allen
    3. Jay Bodzin
    4. Robert Mayer Moss
    4 lawyer answers

    It is called pleading paper, but these days, pleading paper is merely a macro template created by word processing software such as Word. For declarations, you can also use the Judicial Council form: http://www.courts.ca.gov/documents/mc030.pdf All Judicial Council forms for Family Law can be found at: http://courts.ca.gov/forms.htm?filter=

    13 lawyers agreed with this answer

  2. Is "coaching" grounds for dismissal?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Frank Wei-Hong Chen
    3. Robert Bruce Kopelson
    4. Constantine D. Buzunis
    5. John Noah Kitta
    5 lawyer answers

    No, coaching is not grounds for dismissal. Nor does the quoted language make me sick to the stomach. These documents may be excellent impeachment evidence to use during cross-examination.

    13 lawyers agreed with this answer

  3. Dogbite at apartment complex. Small settlement with complex. Can I still go after the owner of the dog.?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Neil James Fraser
    3. Loc Hoang Pham
    4. Sean Michael Patrick
    5. Constantine D. Buzunis
    6. ···
    9 lawyer answers

    Yes, if you did not file a lawsuit against the owner of the apartment complex and if you did not sign a release with the owner of the dog, and if the incident occurred less than 2 years ago, you can bring a small claims court lawsuit against the owner of the dog for your personal injuries.

    13 lawyers agreed with this answer

  4. My landlord is charging me a ridiculous amount for deposit.

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Seyed Abbas Kazerounian
    3. Rixon Charles Rafter III
    3 lawyer answers

    Your options are to either do nothing (hoping the landlord doesn't sue you for the $933), or sue the landlord for the $800 deposit in small claims court and defend against a counterclaim for the $933. Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the security deposit, or mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit...

    13 lawyers agreed with this answer

  5. When is my Answer due to an action filed against me but not served?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Matthew Michael Loker
    3. Lisa Jane Espada
    4. Susan Kathryn Ashabraner
    4 lawyer answers

    Your answer is not due until and unless you have been properly served with the summons and complaint. A declaration of non-service is merely a report to the court that the process server has been diligent but unable to serve you personally. Such declaration is needed in order to sub-serve you and/or to respond to an Order to Show Cause in some instances. Also, it can be used in support of an application to serve you by publication. So to answer your question, if you have not been served,...

    13 lawyers agreed with this answer

  6. Contract between 2 parties. Can a liquidated damages clause be added as an addendum in California. Damages are difficult determi

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. James Michael Slominski
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Generally speaking, yes. The parties to a written contract can agree to and sign an addendum to the contract which sets forth a liquidated damages provision. The liquidated damages provision must not be a "penalty" in disguise.

    13 lawyers agreed with this answer

  7. I filed a lawsuit for personal injury but settlement offer is just $9,000.

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. John Gus Zgourides
    3. Andrew Daniel Myers
    4. Steven Mark Sweat
    5. Timothy Charles Riley
    6. ···
    7 lawyer answers

    It is probably true that you would have to take the case to trial to get more money than what's been offered. However, it's really no possible for any attorney on this forum to give you an opinion on settlement value without knowing the facts of your case, whether liability is disputed, the extent of your medical expenses, the collectibility of the defendant, and a multitude of other factors.

    13 lawyers agreed with this answer

  8. Business Formation

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Frank Wei-Hong Chen
    3. Arash Shirdel
    4. Robin Mashal
    5. Bryant Keith Martin
    6. ···
    8 lawyer answers

    You really do need to hire a business attorney to assist you. You can have your Dad as a member who is not a manager of the LLC. Yes, you can add members to your LLC if you set it up to permit new members to be added in your LLC's Operating Agreement. (Note that in an LLC, they are members, not partners). You definitely need a attorney to help you with the intellectual property rights, as well as the non-disclosure agreements. No one on Avvo can speculate on what your business entails.

    13 lawyers agreed with this answer

  9. What is the definition of practicing law without a license in California?

    Answered over 2 years ago.

    1. Eric D Ridley
    2. Tai Christopher Bogan
    3. Frank Wei-Hong Chen
    4. Christine C McCall
    4 lawyer answers

    I spend a good part of my early law career in bringing the issue of Unauthorized Practice of Law in Southern California to the forefront in the media and with the LA District Attorney's Office and the State Bar of California. Here is the Los Angeles District Attorney's Prosecutor's Manual on the topic of UPL: http://da.co.la.ca.us/pdf/UPLpublic.pdf

    13 lawyers agreed with this answer

  10. Slip and fall: Pulled back muscle and neck strain, should I handle this on my own?

    Answered over 2 years ago.

    1. Andrew Stephen Roberts
    2. Randy William Ferguson
    3. Frank Wei-Hong Chen
    4. Jamahl Calvin Kersey
    5. Andrew Daniel Myers
    6. ···
    9 lawyer answers

    Your perception is right that this would seem to be a small case for most personal injury attorneys, especially if you did not sustain long term or permanent injuries. What is your goal? You might be able to handle this claim on your own, and if not settled soon, take it to small claims court. The jurisdictional limit for small claims court cases in California went up to $10,000 as of January 1, 2012.

    13 lawyers agreed with this answer