Jeff Hoang Pham’s Answers

Jeff Hoang Pham

Costa Mesa Business Attorney.

Contributor Level 12
  1. LLC Formation

    Answered over 1 year ago.

    1. Jeff Hoang Pham
    2. Michael Ross Lykken
    3. Eduardo Guillermo Sanchez
    4. Nicholas Duane Myers
    4 lawyer answers

    To form an LLC in California, you will file articles of organization with the CA Secretary of State. It is a simple form, and is downloadable at http://www.sos.ca.gov/business/llc/forms/llc-1.pdf. For the LLC formation to be valid, the members must enter into an operating agreement, either before or after filing the articles of organization. Although an operating agreement is required, it need not be filed with the Secretary of State. Keep a copy of the original operating agreement in a...

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  2. Should I handle all business (sign contracts, register for services etc.) with my LLC name or personal name?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Michael Leo Potter
    3. Jeff Hoang Pham
    4. Daniel Nathan Ballard
    4 lawyer answers

    I agree with the above posts. If you're transacting business on the LLC's behalf, you will sign your name but indicate that you're signing as the LLC's manager. The manner in which you sign makes a world of difference. If, for example, you sign a contract with a service provider using your name only without reference to the LLC, then it will be you as an individual (not the LLC) that will be bound by the terms of that agreement. You, in other words, are the contracting party. This, as Mr....

    11 lawyers agreed with this answer

  3. Contracts: In a written agreement, is it prudent--or overkill--to have a party initial every section or page of the agreement?

    Answered about 1 year ago.

    1. Paula Brown Sinclair
    2. Jeff Hoang Pham
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    5. Dana Howard Shultz
    6. ···
    6 lawyer answers

    As Ms. Sinclair indicates, requiring initials at the bottom of every page (or even section) may add another layer of protection against claims that a party was taken unawares by a certain contract provision. Such initials, however, are not required to make a contract enforceable. As you no doubt learned in law school, a contract requires mutual assent. The actor's signature on the written contract is sufficient evidence of his/her assent to its terms, and in CA, a party is generally bound...

    10 lawyers agreed with this answer

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  4. If the party filed a Demur instead of answer can discovery be propounded?

    Answered about 1 year ago.

    1. Michael Raymond Daymude
    2. Jeff Hoang Pham
    3. John Joseph O'Brien
    4. Thomas Anthony Schaeffer
    4 lawyer answers

    Yes. The plaintiff may generally propound written discovery at any time 10 days after service of the summons, whereas the defendant propound at any time. This isn't affected by whether the defendant responds to the complaint by demurrer or answer.

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  5. What's the difference between a "contract" and a "Letter of Agreement"?

    Answered about 1 year ago.

    1. Michael Raymond Daymude
    2. Jeff Hoang Pham
    3. Victor Look
    4. Rixon Charles Rafter III
    5. Albert Lee Crosner
    5 lawyer answers

    A letter of agreement is a type of contract----as the name implies, it's an agreement in letter form. But as long as the essential elements of a contract are met (i.e., there is mutual assent among the parties as to the terms, and both parties are providing something of value), a letter of agreement is just as enforceable as a contract in traditional "long" form. If you prefer the format of a letter agreement, feel free to keep using it. You should know, however, that the format of the...

    10 lawyers agreed with this answer

  6. Can an Attorney defend a Corporation in Small Claims Court.

    Answered about 1 year ago.

    1. Jeff Hoang Pham
    2. Nicholas Basil Spirtos
    3. Inna Fershteyn
    3 lawyer answers

    An attorney cannot represent a corporation in small claims court. (CCP 116.530). A corporation can be represented only by a regular employee, officer or director. (CCP 116.540(b)). However, all parties in small claims can have attorneys present to advise or assist them prior to the hearing. So if the co-defendant had an attorney with them, it's likely they were just there to advise.

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  7. Is it better financially speaking to settle a worker comp case at mandatory msc conference or to take the case to trial?

    Answered over 1 year ago.

    1. Jeff Hoang Pham
    2. Brett A. Borah
    3. George Ellis Corson IV
    4. Bobby L. Bollinger Jr.
    5. David E Snapp
    5 lawyer answers

    As Mr. Corson indicates, you're very unlikely to get everything you want at an MSC settlement. By accepting the settlement, however, you're guaranteeing that you'll at least get something. If you go to trial, anything can happen. Trials are unpredictable, and you could end up with everything you originally sought (i.e., more than you would receive in settlement), or you could end up with nothing at all. The course you take will depend on your particular circumstances, the strength of...

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  8. What about settlement agreement is not privileged?

    Answered about 1 year ago.

    1. Jeff Hoang Pham
    2. John Joseph O'Brien
    3. Albert Lee Crosner
    3 lawyer answers

    There is generally no implied obligation to keep a settlement agreement confidential. Absent a confidentiality/nondisclosure provision in the agreement itself, the contents of that agreement are disclosable by either party.

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  9. I have been involved in a breach of contract unlimited civil action with a trial date set for the January 23, 2012.

    Answered about 1 year ago.

    1. Michael Raymond Daymude
    2. Jeff Hoang Pham
    3. Frank Wei-Hong Chen
    4. Wilfredo Alberto Trivino-Perez
    4 lawyer answers

    I agree with Mr. Daymude. Parties can agree to accept service electronically (see CA Code of Civil Procedure 1010.6(a) and CA Rules of Court 2.260). The problem is that, if trial is set for 1/23/13, the discovery cutoff has already passed. Unless there is an agreement among the parties or court order extending the discovery deadline, the cutoff is 30 days prior to trial. Best of luck.

    9 lawyers agreed with this answer

  10. What can I do if I didn't receive a response to a filed answer to my lawsuit? How many days do I have to wait for that after

    Answered over 1 year ago.

    1. Adrienne Patricia Allen
    2. Jeff Hoang Pham
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    5. Robert Harlan Stempler
    5 lawyer answers

    As my colleague has stated, you'll need to clarify your question a bit. It sounds like you are the one who initiated the lawsuit by filing the complaint. If that is correct and the other party has not filed their answer within 30 days of service, then generally you could proceed towards seeking a default judgment from the court.

    9 lawyers agreed with this answer