Andy Chen

Andy Chen

  • Family Law
  • California, New York
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  • Family Law
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    Percentages depend on the type of case.
  • Rates, Retainers and Additional Information
    $300/hour. Open to alternative arrangements
Jurisdictions Admitted to Practice
California
New York
Languages
  • Chinese: Spoken
  • Mandarin: Spoken
Education
Santa Clara University School of Law
J.D.
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University of California - Berkeley
B.S. | Chemical Engineering
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University of California - Berkeley
B.S. | Materials Science
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Professional Associations
New York State Bar Association
member
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Legal Answers
832 Questions Answered

Q. Other people live in the house and they have paid the rent are they going to be evicted
A: My experience has been that the sheriff generally evicts only those people who are listed by name on the writ of possession. Not sure if the Riverside County sheriff would do it differently or not.
Q. I have a restraining order against an ex, who moved back to the city I live in. Can I break my current lease to move?
A: I have not had a case on it before, but there is a Civil Code section (1946.7) that sort of addresses this. You can google "California landlord break lease domestic violence" and it comes right up. I am not clear on scope, though. In other words, if the restrained party lives in your same building, I would say the landlord would be required to allow you to break your lease. If the landlord lived in the same city, but it was 10 miles away and your restraining order only says he can't come within 300 feet of you, I am not certain your landlord would have to let you out of your lease. Most landlords I know of just don't want to lose any money so they only care about how difficult it is to re-rent the place to a new tenant.
Q. If I allegedly stole from my county of residence, and my court appointed attorney is employed by that same county,as is
A: You can hire your own defense lawyer, but your public defender is generally going to also work for the same county that the prosecutor works for. Public defenders and district attorneys will often work together a lot so they likely know one another socially and professionally also.
Q. If i owned a home prior to marriage, we live in the house together but the deed is under my mothers name.
A: Whether he contributed to the mortgage from his salary is not the only consideration. Your salary during the marriage is community property (i.e. it is partially his). If you used your salary to pay for anything on the house -- mortgage, maintenance, landscaping, property tax, etc -- he could have a community property share to the house. Name on the deed is generally who owns the house. Community property, unfortunately, is an exception to that so the deed being in your mom's name doesn't prevent your husband from claiming a portion of the house. The size of that claim will vary depending on the numbers involved in your situation.
Q. I was awarded full custody. Fatherr was awarded supervised visition 1/month 2hrs. Do I need approval to leave out of
A: Agree with Ms. Bradley that you should look at your current custody order to see what it says about vacations. I'm not sure how San Bernardino County does it, but the custody orders I see in Northern California counties will generally mention explicitly how vacations are to be handled. For instance, each parent will be entitled to take X vacations with the child per year for up to Y days each. Z days prior to vacation, the parent taking the child on vacation must inform the other parent of the itinerary, provide emergency contact phone numbers, etc.
Q. can a landlord make claims that I owe them money after moving out 3 months prior.
A: The landlord can always try to come after you (e.g. small claims court, etc). You can't ever stop someone from trying to do something like sue you. I would agree with your intuition -- namely, if you did indeed owe that money, why did it take almost 4 months for the landlord to come after you for it? Once the landlord explains that, you can also ask what evidence there is that those bills (e.g. a water bill) was due to your use and not, for instance, use that occurred after you moved out.
Q. Can an ex leave your child with a new girlfriend even though we aren't divorced yet.
A: Without court orders, anything theoretically is possible. I think your best bet is to seek court orders stating something like "If dad is unable to take care of the child, mom (i.e. you) will take the child." That way, you have a definite entitlement/right you can enforce and it's not just up to what dad says, mom says, etc. This will probably require you to respond to the divorce case also. Whether or not your son is crying when he is with the gf or whether the gf is a danger to your child is something that the judge will consider. Those facts can be more complicated than can be handled on an internet forum like this.
Q. spouse left me left three dogs also what do I do?
A: I concur with Mr. Light that you need to inform her she needs to get the dogs within a specified time period. You should not just suddenly get rid of them without giving her the opportunity to reclaim. That just gives her too much of an excuse to cause you further trouble. Two things that come to mind: (1) instead of taking them to a shelter, find rescue groups in your area to take them. The rescue generally will not euthanize them whereas a city or county-run shelter might just due to space. I don't know El Cajon's shelters, of course. Rescue groups are usually 501c3 non-profits. (2) Are you going to break your lease and move somewhere or just stay where you are? If you're going to break your lease, you may owe your landlord additional rent, depending on whether you have a lease for a time (e.g. if you're 5 months in to a 12 month lease). If you're going to stay and she remains on the lease, she might have some ability to have the dogs stay there, but she would need to pay for half the rent, half the utilities, etc in addition to paying for all expenses (e.g. food) for the dogs. Most people in this situation don't want to do that and just want to stash their dogs someplace for free.
Q. Are bonuses counted as income for child support calculations in CA?
A: Yes, California counts bonuses when determining child support. There is something called a "Smith-Ostler computation" or "Smith-Ostler Order" that covers bonuses. I have seen this referred to as an "Ostler-Smith" as well so you may want to google both terms. It might depend on how much his bonus varies from year to year or quarter to quarter, but what I usually see is the court using the bonus amounts from prior years to predict roughly what the bonus this year will be. Obviously, bonuses are inherently unpredictable, but I highly doubt your case would be the first time the court had ever dealt with bonuses.
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