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Frank Wei-Hong Chen

Frank Chen’s Answers

24,184 total


  • What do I need to do to prepare for my CASE MANAGEMENT CONFERENCE HEARING?

    I'm being sued for $25,000 student loan that I defaulted on. I have a case management hearing coming up soon, what can I do to prepare for this? Should I bring anything? My HEARING RESERVED FOR: MOTION FOR JUDGMENT ON THE PLEADINGS is not unti...

    Frank’s Answer

    At a Case Management Conference, the two primary things that typically happens is that court will set a trial date and then probably refer the case to mediation. In California civil cases, case management is governed by the Trial Court Delay Reduction Act (Government Code sections 68600-68620).

    Under Rule 3.724 of the California Rules of Court, the parties have an obligation to "meet and confer" either in person or via telephone no later than thirty (30) calendar days before the date set for the initial Case Management Conference regarding each of the issues identified in Rule 3.727 of the California Rules of Court:

    http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_727

    In addition, the parties during the "meet and confer" are required to consider the following:

    (1) Resolving any discovery disputes and setting a discovery schedule;

    (2) Identifying and, if possible, informally resolving any anticipated motions;

    (3) Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation;

    (4) Identifying the facts and issues in the case that are in dispute;

    (5) Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise;

    (6) Determining whether settlement is possible;

    (7) Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability;

    (8) Any issues relating to the discovery of electronically stored information, including:

    -- (A) Issues relating to the preservation of discoverable electronically stored information;

    -- (B) The form or forms in which information will be produced;

    -- (C) The time within which the information will be produced;

    -- (D) The scope of discovery of the information;

    -- (E) The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production;

    -- (F) The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings;

    -- (G) How the cost of production of electronically stored information is to be allocated among the parties;

    -- (H) Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; and

    (9) Other relevant matters.

    Finally, each party is required to file a Case Management Statement (Judicial Council Form CM-110) with the court at least 15 days prior to the Case Management Conference. The following is a link to the Case Management Statement form:

    http://www.courts.ca.gov/documents/cm110.pdf

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  • Is quiet use and possession of the property, breach of the covenant of good faith and fair dealing causes of action in a civil c

    action. If the defendants are doing these things or have done them in the past,are these separate causes of action?

    Frank’s Answer

    Breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, and constructive eviction are all separate causes of action which could be pled in the same complaint.

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  • Does a First mended Complaint need to be amended if there is a typo in the FAC at one place but in the rest of the complaint

    the correct citation os given? And can this be remedied by orallly addressing it to the court after notifiying other parties of the error?

    Frank’s Answer

    No, generally speaking, it is not necessary to file a Second Amended Complaint due to a typo. Moreover, you would need leave of court (either by making a motion or obtaining a stipulation of all parties) before being allowed to file a Second Amended Complaint. You might consider filing a Notice of Errata, but not a further amended complaint.

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  • Request for Dismissal

    Hello Today i received a Request for Dismissal(CIV-110) from a debt collector that looks to have been filed with my county court. I'm not sure, what to do? Update Using the case number on the CIV110. I looked up the case on the court site. ...

    Frank’s Answer

    If the Request for Dismissal was filed with the court and the case dismissed, there is nothing you need to do. If the Request for Dismissal indicates "without prejudice", the plaintiff retains the right to bring a new lawsuit (assuming the statute of limitations has not yet expired) for the same debt. If the Request for Dismissal indicates "with prejudice", the plaintiff will not be able to re-file the same lawsuit again in the future.

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  • 3 day notice

    When a landlord issues a 3 day notice in LA county, is that notice a matter of public record? Is this information searchable to the general public?

    Frank’s Answer

    No, the 3-day notice to pay or quit is not public record. Even when the 3-day notice is attached as an exhibit to the complaint for unlawful detainer, pursuant to California Code of Civil Procedure section 1161.2, unlawful detainer case information is not available to the public for the first 60 days after filing.

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  • What business type should a 2-owner legal document assistant business in California be established as, i.e. LLC, PLLC, LLP?

    Because being a legal document assistant in California requires a person to be licensed, should the business be founded as a PLLC even though there is no required testing and possibly no required education? Can a PLLC even be formed in California...

    Frank’s Answer

    In California, you can either form a corporation or a limited liability company (LLC). If you are not a licensed attorney, you cannot operate as an LLP. California does not allow PLLCs.

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  • What's the difference of an unlawful detainer and an eviction ? Are they the same?

    I have an unlawful detainer but is an eviction the same....what's the difference

    Frank’s Answer

    In common parlance, they are the same. An unlawful detainer action is used to evict a tenant when there is an landlord-tenant relationship. However, there are other types of evictions such as forcible detainer and forcible entry.

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  • When does prejudgment interest normally start and stop? What is the state of CA current prejudgment interest rate?

    interest rate for prejudgment interest.

    Frank’s Answer

    In California, prejudgment interest may be awarded in the discretion of the trier of fact, so long as the damages are certain or capable of calculation. (CA Civil Code section 3288). The law provides for prejudgment interest of 10% per annum in certain types of claims such as breach of contract. The statutory interest rate on tort claims under the CA Constitution is 7 percent. Prejudgment interest is might recoverable on tort damages under CA Civil Code section 3287(a) in tort actions for property damages from the date when the defendant has notice of an amount certain or capable of being made certain. (Levy-Levy-Zentner Co. v. Southern Pac. Transportation Co, (1977) 74 Cal. App. 3d 762.) Otherwise, the interest does not commence until after a judgment is rendered. Post judgment interest accrues at 10 percent per annum.

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  • Do I need to answer written interrogatories when they as k me to IDENTIFY ALL documents?

    What if I do no have ALL the docments because I am stll conducting my discovery. Do I just identify the ones I have or do I object that I do o have all ad then respond with the ones I have?

    Frank’s Answer

    Yes, an interrogatory which asks the responding party to identify all documents which pertain to the subject matter of the litigation is generally considered proper. Your response to the interrogatory might consist of both an objection and a substantive response identifying documents to which you can identify. Asking you to identify documents is different from asking you to produce the documents. Thus, even if certain documents are not within your possession, custody or control, you should still be able to describe them (to the extent they exist or existed).

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  • What do I need to do to have my tenant leave after lease ends in one month?

    I own a property and have leased it for one year to a tenant, he paid rent on time , the lease expires in one month, I do need my property for family use, I do want the tenant out and I do not want to sign a new lease with them, what do I need to...

    Frank’s Answer

    Unless the lease itself requires specific notice, a landlord does not need to provide any notice following the expiration of a fixed term lease. However, in your situation, it would be prudent to provide the tenant with a "courtesy notice" that you do not intend to renew the lease nor permit a month-to-month holdover. Otherwise, you will have to file an unlawful detainer lawsuit after the fixed term lease expires if the tenant does not vacate.

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