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Questions Answered by Hong Shen
3 Answers | Asked in Contracts for California on
Q: Does an unenforceable provision make the entire contract void?
Hong Shen
Hong Shen answered on Jan 26, 2011

No. Any of the unenforceable provisions will be modified or struck to reflect the intentions of the contracting parties but the remaining contract is still valid and enforceable.

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2 Answers | Asked in Estate Planning for California on
Q: Does a durable power of attorney in California need to be notarized as well as having two witnesses sign it?
Hong Shen
Hong Shen answered on Jan 26, 2011

You can do it either by notary or by two witnesses signing the POA.

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2 Answers | Asked in Estate Planning for California on
Q: In reading a will, can you define the word "issues"? Does that mean descendant of the beneficiary or descendant.
Hong Shen
Hong Shen answered on Jan 26, 2011

Issue means children, grandchildren, great children, i.e., lineal desceedants of direct bloodline.

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3 Answers | Asked in Divorce for California on
Q: I filed a petition for devorce, and i don't meet the 3 months residency from the county where i filed it, can i refiled

I just moved from another county in CA. Can i refiled my petition for devorce after i mneet the 3 months residency?

Hong Shen
Hong Shen answered on Jan 26, 2011

Yes you need to refile.

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1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Do I have to have a dockett number when filing a patent?
Hong Shen
Hong Shen answered on Jan 26, 2011

No you don't. Having a docket number makes tracking the application much easier but for filing you do not need one.

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Is there an official application data sheet 37 1.76 form for provisional patent application?
Hong Shen
Hong Shen answered on Jan 26, 2011

You do not need ADS for provisionals. All you need is the cover sheet SB16 to indicate the application is a provisional.

2 Answers | Asked in Family Law for California on
Q: Should I ask the courts to push the child support case with ex-husband when he's not paid child support over 4 yrs now?
Hong Shen
Hong Shen answered on Jan 18, 2011

I don't know why he has not paid CS for over 4 years. If you have an existing CS order he is likely in contempt. You should go to the court immediately to enforce it.

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1 Answer | Asked in Criminal Law for California on
Q: What is attempted roberry?
Hong Shen
Hong Shen answered on Jan 14, 2011

Robbery is taking property of another from his body or in his presence, with intent to steal, by force or fear.

Attempt is when take a substantial step towards the completion of the above robbery but without the robbery actual occuring.

2 Answers | Asked in Intellectual Property for California on
Q: Is browsing the web a copyright violation?

Strictly speaking - browsing the web creates a copy of copyrighted material. This is a full text copy including all imagery. This is illegal, even if it's for personal use, isn't it?

Related to that - if user has an adblocker installed, is this even more illegal?

Hong Shen
Hong Shen answered on Jan 14, 2011

I am not sure what you mean. Copyright infringement is the unauthorized use of copyrighted work, infringing the author's exclusive rights. Browsing a webside does not constitute unauthorized or prohibited use since the author created the website for other to browse. It is like we go to a... Read more »

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1 Answer | Asked in Traffic Tickets for California on
Q: I lived in california for some time, i want to know if i have to pay a traffic violation fine bigger than i expected?
Hong Shen
Hong Shen answered on Jan 14, 2011

I am not sure what you meant a bigger fine. The traffic fine includes two parts, the statutory part and the penalty part. The court can impose up to 280% of the statutory amount as penalty. You can always go to the court to explain to the judge. If your reason is accepted the judge may reduce the... Read more »

2 Answers | Asked in Family Law for California on
Q: Can you file for grandparents rights in California
Hong Shen
Hong Shen answered on Jan 14, 2011

California, like many other states, permits granting grandparents visitation rights.

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2 Answers | Asked in Family Law for California on
Q: CAN A HUSBAND GET BACK WEDDING RING FOR WIFE
Hong Shen
Hong Shen answered on Jan 14, 2011

I think you meant to ask whether the husband can get the ring back from wife if the marriage breaks up. The answer is probably yes. In California, courts view wedding ring as a condition gift upon completion of the marriage. If there is no marriage then the husband is entitled to the ring. However,... Read more »

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