Motion-Secondary: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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                                SCOTT D. LONG (SBN203505)
Fidelity National Law Group

A Division of Fidelity National Title Group, Inc. ELECTRONICALLY
1550 Parkside Drive, Suite 300 7 FILED
Walnut Creek, CA 94596 Supertor Court of California,
Telephone: (925) 280-3362 County of San Francisco
Facsimile: (925) 930-9588 07/23/2015

Clerk of the Court
Attorneys for Commonwealth Land Title Pt Gegue cue

Insurance Company

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

COMMONWEALTH LAND TITLE CASE NO. CGC-10-503332
INSURANCE COMPANY, (Consolidated for all purposes with CGC-11-512102)
Plaintiff, Reservation No. 05060709-02
vs. DECLARATION OF SCOTT D. LONG IN

SUPPORT OF PLAINTIFF COMMONWEALTH
FEDEX OFFICE AND PRINT SERVICES, LAND TITLE INSURANCE COMPANY’S

INC.; WINSTON LUM; KAUSHAL OPPOSITION TO JAY SHAH’S
NIROULA; JAY CHANDRAKANT RECALENDARED MOTION FOR LEAVE TO
SHAH; ELVIA PALOMINO; MORAD FILE CROSS-COMPLAINT

AFRAIMI; MELVIN LEE EMERICH;
MARTINI & CHNOOGLE; GRACHELLE Date: August 5, 2015
LANGUBAN; MERCHANTS BONDING Time: 9:30 a.m.
COMPANY, and DOES 1-25, Dept.: 501

Defendants, Trial Scheduled: August 31, 2015

I, Scott D, Long, state as follows:

ie Tam an attorney for Commonwealth Land Title Insurance Company in the above
referenced action. I know the following facts of my own personal knowledge except for the matters
stated on information and belief. As to those matters stated on information and belief, I have reviewed,
seen or collected information from reliable sources to so as to inform my belief in the matter.

2. Please find attached as Exhibit A, a true and correct copy of the Consolidated and
Second Amended Felony Complaint, San Francisco County Superior Court, Case Nos. 10018652,
10009193, 100009191, and 10003838, asserted against Jay Shah and his criminal co-conspirators.

Plaintiff Commonwealth requests that this Court take judicial notice of this document pursuant to

1
DECL. OF SCOTT D. LONG ISO OPPOSITION TO SHAH MOT. FOR LEAVEA BR Bw vw

California Evidence Code section 452.

3. Please find attached as Exhibit B, a true and correct copy of the San Francisco County
Superior Court Minutes dated September 19, 2012 in San Francisco County Superior Court, Case
Nos. 10018652, 10009193, 100009191, and 10003838, asserted against Jay Shah and his criminal
co-conspirators. Plaintiff Commonwealth requests that this Court take judicial notice of this document
pursuant to California Evidence Code section 452.

4. On September 8, 2010, Commonwealth filed its civil complaint against Shah and
others involved in the criminal scheme, including FedEx as the employer of the notary who
notarized the fraudulent deeds and deeds of trust. Plaintiff Commonwealth requests that this Court
take judicial notice of this fact pursuant to California Evidence Code section 452.

5. Shah responded to the complaint by filing an Answer on December 30, 2010.
Plaintiff Commonwealth requests that this Court take judicial notice of this fact pursuant to California
Evidence Code section 452.

6. In January 2014, Commonwealth and Hwang settled their claims against FedEx at
mediation with Michael Ornstil of JAMS. I communicated directly with counsel who attended the
mediation on Commonwealth’s behalf and was informed of this settlement. I subsequently
reviewed the settlement documents and saw the documents signed by all of the parties. I also spoke
with the claims attorney involved in the case on behalf of Commonwealth and was informed that all
parties had performed all acts required of them in the settlement agreement.

7. As the result of an office clerical error, Commonwealth filed its Request for
Dismissal of FedEx on May 8, 2015, though Commonwealth had considered FedEx dismissed from
the case for over a year before then. In my discussions with the claims attorney involved in the case
on behalf of Commonwealth in May 2015, he had assumed that the dismissals had been entered a
year ago.

I declare under penalty of perjury, under the laws of the State of California, that the above is true

and correct. Executed on July 23, 2015, in Walnut Creek, California.

DECL. OF SCOTT D. LONG ISO OPPOSITION TO SHAH MOT. FOR LEAVE,wn

PROOF OF SERVICE

I am employed in the County of Contra Costa, State of California. I am over the age of 18 years
and not a party to the within action. My business address is 1550 Parkside Drive, Suite 300, Walnut
Creek, California 94596, On July 23, 2015, I served the within document DECLARATION OF
SCOTT D. LONG IN SUPPORT OF PLAINTIFF COMMONWEALTH LAND TITLE
INSURANCE COMPANY’S OPPOSITION TO JAY SHAH’S RECALENDARED MOTION
FOR LEAVE TO FILE CROSS-COMPLAINT on the parties in said action by placing a true copy
thereof as indicated below, addressed as follows:

Attorney for Shirley Hwang
Morgan Lopez, Esq.

Glynn & Finley, LLP

One Walnut Creek Center

100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596

Fax: (925) 945-1975

mlopez@GlynnFinley.com

In Pro Per Defendant,****BY MAIL ONLY
Winston Lum, AP2537

CCC Legal Mail Dept.

P.O. Box 790

Susanville, CA 96127-0790

Attorneys for Fed-Ex Office and Print
Services

Michael L. Smith, Esq.

Manning & Kass

2 Rincon Center

121 Spear St. Suite 200

San Francisco, CA 94105

Fax: (415) 217-6999
mis@manningllp.com

Attorneys for Jay C. Shah and Elvia Palomino
Dylan L. Schaffer

J. Edward Kerley

Kerley Schaffer LLP

1939 Harrison St., Suite 500

Oakland, CA 94612

PH: 510.379.5801

dylan@kslaw.us

Attorney Pro Se

Melvin L. Emerich

209 Portola Court

Los Altos, CA 94022
mlemerich@yahoo.com
Co-Counsel for Fed-Ex Office and Print Services
Laurie Book, Esq.

Clinton & Clinton.

100 Oceangate Blvd., 14" Fl.
Long Beach, CA 90802

Fax: (562) 216-5001
Ibook@clinton-clinton.com

X BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for
collection and mailing at my place of business. Following ordinary business practices, said
correspondence will be deposited with the United States Postal Service at Walnut Creek,
California, on the referenced date in the ordinary course of business. There is delivery service
by United States mail at the place so addressed in the City of Walnut Creek, County of Contra
Costa, State of California.

Xl BY ELECTRONIC: I caused the aforementioned document(s) to be served through One Legal
addressed to all parties appearing on the One Legal electronic service list in the above-entitled
action. The file transmission was reported as completed and a copy of the One Legal Filing
Receipt will be maintained with the original document(s) in our office.

I declare under the penalty of perjury under the laws of the State of California, that the foregoing

is true and correct.
My lultuva Mper
MARL’

ENA NOBLE

Dated: July 23, 2015

Proof of ServiceEXHIBIT A3553

: KAMALAD. HARRIS (State Bat No. 146672) Pei.

: District ‘Attormey :

" San Francisco District Attorney’ sOffice = "gh Franaltce County Supoilor Sourt
732 Branpan Street ° He : oe
San Francisco, CA, “94103 Bee eee eee ete to — OT z 8 2010

Telephone: (415): 553- 175).

: ATTORNEYS FOR THE. PEC PLE o

, THE SUPERIOR ‘COURT OF THE: state, OF F CALIFORNIA
“ae CITY AND: COUNTY oF SAN FRANCISCO” He

GRACHIELL J..CANO.’
2. JASLENE C. BANCEL
| GRACHELL CANO. BANCEL,

“| 10009193 -
10009191
‘| 10003838

y Septeber, 2008
‘of CONSPIRACY TO: ‘COMMIT A \ el

il ty. and nlaviflly conspire together and With, another person(s). “whose | i

Cadé,.a felony; FILING FALSE DEEDS, in-violition of sections 115(a) aid-115,5(a) of the Bena, -
Code, Ja felony; MONEY LAUNDERING, in violation of. section 186.10(a) of the Penal Cade,-a-
felony, that. ‘pursuant to and for the purpose of. catrying out the objects and purposes of the aforesaid

fion of section. 487(a) of th nal: ee the said. defendant(s) committed the’ following overt acts) at and i in the County of San: |
_ Francisco’ and the‘ County of Santa Clara, towit: | - 7 Bi: i

over ACTS.

4. On ot about, Jaituary:16,-2609, defendants, Jay-Stiah;- Kaushal Nitoula, and ‘Winston. Lom,
: fixed two’ letters.to Fotin Flores of Golden State ‘Home ‘Loans regarding. defendant ‘Winston
~ Lami’s firiancial- background and his reasons, for wanting a loan on the real properties located © i

at 425. First Street, units 4802, 4902 and. 5501, San'Firancisco. .

5. Ono ot about “January. 23,, 206 , fonda Tay Shah’ ‘lephionéd, Tran’ 8 Escrow and asked: thier.
. to’ open an. escrow. ‘for. defeindai : Winston. Lum for: the Teal: properties located at 425 Fist ©
Street, units 4802, 4908 atid S501, Sp Branch C03 oo

-8, “Oncor or about February. 4, 2009, daferdant Melvin Bmexich’ filed’ the required Papers to fort a a a
. Nevada corpotation entitled Martini & Chnoogle.:

2D “Oi or about February 6, 2009; deferidant Melvin Emerich opened .a batik account in the
foo, account narhe of Martini ‘& Chnoogle with Colonial National Bank. :3555 |

10. On. or about’ Febiuary 10, 2009, defendant Melvin Emerich sent escrow instructions. for :
Martini & Chnoogle to Tran’s Escrow regarding escrow for loans on the real ‘properties “|
located at _ First Street, units 4802, 4902 and 5501, San Francisco.

“i, On or about February 14, 2009, defendants Kaushal Niroula and-Jay Shah met a real property
appraiser at 425 First Street, San Francisco, and-obtained entry’ inte unit 4802, so- -that the”
Pomme eo appraise: could-: -appraisé-that “unit- for: ‘a-loan-taken. on. ‘it in-the.- “name: of. defendant-Winstor

oxigag wt,
; iim on the real opi Joeated at 425 First ‘Strept 7

uts 4802, ‘4902 and 5504, ‘San trancisco, : : Z|
15. ‘On or, about February 25, 2009, defendants Jay Shah, Kaushal Niroula, Meivin Biterich and i |
‘Winston Lom caused’ to be filed: with, the Sani Francisco Office: of the: Assessor: Recorder a.

deed of trust pertaining to'425 First Stréet, unit 4902, San Fraricisco. 7

+ déed of trust’ pertaining to 105 ‘First Sued, unit’ 5501, San Finnciseo,

18. On or + about February 28, 2009, deféndasits. Jay Shah, Kaushal Niroula ia and Melvin n Yamssiéh, .
arranged to have notary public Wai Chui Yip notarize the signature. of defendant Witiston |.” -
Loni on ‘Joan documents Pertning to 425 First Stréet, units” 4902, 4802 and S501;: Sdn.

: Francisco: :

“19.On or: + about ee 6, 2009; Tran’s Escrow, acting o on instructions from defendants Jay Shah —
and-Winston Lum, disbursed checks from the loans taken out of the real property located-at
425 First Street, units 4802, 2802, and. 5501, to the following persons or ‘entities: Lum :a |
eee sella: i a 3556 |

“International (two' checks), Martini & t Chnoodte, Winston Lam, David Tran, and: the City and |
” County of San Francisco,
“20. On or about March 6, 2009, defendant’ ‘Melvin Enierich deposited a check payable t to Martini :
& ‘Chnoogle from Tran’s Escrow in the a of $601, 069 i into ihe Colonial Bank account - .|
of Martini & Chnoogle,.. . .

“Bank: -accoinit of Martin. a Chnodgi
Teleyate . .

“24.08 or about March 9, 2005, det
Bank in ‘San Brancisco, ‘and depos te
acéount,

* 25. ‘On or + abot March il, 2009, defendant. Jay Shah sh telephoned “Fran’ 6 Bsdtow and asked, them io
‘at e two escrow W disbursement chetks payable to Luin. International. : ae

: “26, On or “about: March 11, 2009, ‘defendant Jay Shah, picked up fom ‘Tran’ S Escrove thie ‘twornéw
Tr. e8ekow: dishursetient cheeks: payable’ to Eom International. .

- 37. On’ of about March 13, 2009, “defendant Melvin Emorich issued a check for the‘ ‘Colonial’
Bank, account of Martini & Chnoogle i in the amount of $20, 5000, Dayal) Telsystems.

30. On or about Maich 20, 20008, defendant it Metvi “Emetich issited'a chieck from. the. ‘Coloiial a
Bank account tof Martin‘: & Chnoogle in-the ainount of $15; 102. 51; oe to Telsystems. :

31. On or about March 24, 2009, dofendant Melvin Eniericht issued | a chéeke from the Colonial

. Bank account of Martini & Chinoogle in the amount of $20; 000, payable to Telsystems. *

32. On or about March 27, 2009, defendant Melvin Emerich issued a ‘check from the Colonial
Bank’ account of Martini & Chnoogle i in the amount to $10,000, payable to cash.33: On or about ‘April 1, 009, defendant Melyin ‘Bmerich issued a chieck fioni the Colonial Bank
~ account of Martini & Chnoogte it in the’ amotxit of $10,000, payable to Telsystems.

34. On or about. May 4, 2009, defendani Melvin Emmerich issued-a, check from’ the Colonial Bank
"account of. Martini & Chnoogle in the ampours of $160, 000, payable to'Ocwen ‘Financial’ a

reqitisite t io ie above offense occurred ‘iit tWo!,or mote ‘nico territories, “inalditg the ‘city: :
arid’ ae of San ‘Francisco: athe oe. :COUNT: u

“The said defendants, ‘KAUSHAL NIROULA,. TAY c ‘SHAH, “MELVIN L EMERICH,
GRACHELLE,: Cc. LANGUBAN, AND WINSTON LUM, did” in the City. and County. of San3559,

~ COUNT: Mm

“The said * defendants, KAUSHAL, NIROULA, JAY, € SHAH, * MBLVIN' L EMERICH, -
., GRACHELLE C. ‘LANGUBAN, ‘AND WINSTON ‘LUM? did in the City and, County. of San
7 Praticiteo, "State of California, between the Ist. day of Sepiomber, 2008 we the 15th day’. of

ittemapt to ‘Obtain; ‘credit, gO
(ANG without consent.

CODE. ‘SECTION Te :

-d that part of the above public offense was : coriamitied, by defendants KAUSHAL-

: SHAH, MELVIN’ L EMHRICH, GRACHELLE C. LANGUBAN, AND -

WINSTON LOM; .in one jurisdictional: territory -and part in- another; and that the acts or effects. ~ i

_ + tequisite.to-the above offense occurred. in two or more’ jurisdictional territories, including the City : i
a and: ee of San Frat isco. 7 : .

AL EGATION

OF. FELONY. coMMErrED “WHILE. - ON. BAIL, AND ON.3560

AS” TO DEFENDANTS KAUSHAL NIROULA, JAY ce SHAH, ‘(GRACHELLE Cc.
_LANGUBAN, AND WINSTON:LUM ONLY: . 5 7

COUNT: Vv

the 14th day of January, 2009: througli the 28th day: of Februar
* thie: crime of FILING FALSE OR FORGED Niemen

did. unlawfully and Saeaie ‘procute
‘ed and recorded j Jina aN Office, within,
RST REET

LLEGATI TURBAN. TO PENAL ( ODE sk TION 115%) 7 ih
idants E HAH, GRACHELLE -C: Lancy

e alleged that j jn. the commission and | the itemgind, cavinnigeion -of the above offense, ‘ihe
. said ‘defendénts, KAUSHAL NIROULA, JAY.C SHAH, GRACHELLE C, ‘LANGUBAN, AND
WINSTON LUM, with th so to, do, took,” - damaged,’ and destroyed , Property’ ofa a vale

ALLEGATION AS. TO DEFENDANT. KAUSIAL: NIROULA: .

ALLEGATION 0) FELONY. -COMMITTED WHILE _ON BAIL AND ON OWN.
RECOGNIZANCE.PI UANTYEO PENAL CODE SECTION: 42022.1 ,

It is further alleged that the said defendait, KAUSHAL NIROULA:; committed the above offense(s)
while. he/she was released” from custody: in - -a. felony ‘offense, on bait and on his/her own Ee
recognizance, within'the meaning of Penal Code Section 12022.1.3564

‘COUNT: Vv

_ The said deferidants, -KAUSHAL NIROULA; JAY C SHAH, GRACHELLE ¢. LANGUBAN,

AND WINSTON LUM, did in the City and County of San Francisco, State of, California, between’ -
- the 14th day of Jannary,.2009 thtough- the 28th‘day of February, 2009, ‘both days inclusive, commit
the crime of FILING FALSE REAL, ‘PROPERTY: DOCUMENTS, to. wit: Violating Section 115. 5(a)- :
ihe Penal Code, a Relony,—in: thatthe said. .défendants: did file. a. falseor. forged:.document:, Or
uitient,..to wit: GRANT DEED "To 425° FIRST STREET, UNIT. #5501, SAN FRANCISCO, *
- Which affected title to,, placed: ai encutnbrance on, or plac Jan interest: secured: by a mortgage deed:

of ‘trtist on, real property consisting of a ‘single-family tesidence contdining: not, mote than fo
dwelling ‘units with, Enowledee iat the document was ‘false or ae

occurred j ia two or more juris eto ‘territories, including the City and County: of San Francisco fot

ALLEGATION AS £0. DEFENDANT KAUSHAL NIROULA:eee ieegane

COUNT: VI

The’ ‘said defendants, KAU! SHAL NIROULA, JAY c ‘SHAH; " GRACHELLE C LANGUBAN, ol
AND WINSTON, LUM, did in the City and: County: of San Francisco, State-of California, ‘between’. -
© the 14th day. of January, 2009 through the. 28th‘ ae 2009 both days inclusive, commit:

ited tie: joye offense(s)
nd. on:-his/her’ own -3563 +

POUNT: Vit

-. The said defendants, KAUSHAL NIROULA, JAY C SHAH, GRACHELLE C. LANGUBAN,,
_ AND WINSTON LUM, did in: the’ City arid County of San’ ‘Francisco, State of California,- between
the Mth day of Januiary, 2009° ‘through the 28th day of Fébruary, 2009, both days inclusive, , commit

i 80 ‘to i cs et and oe propérty a a AND, 7
excegding, $200, 000; the property of SHIRLEY HWANG, within, the meaning of Penal Code section :
12022. 62). Poot : . . : .

ALLEGATION oF ‘COMMITTING OFFENSE 1 SEVERAL JURISDICTIONS. PURSUANT 2
'TO.PENAL CODE SECTION 78{ ©. ~~’
It is further alleged that part of the above public offénse-v was eommitted by ‘defendaitis, KAUSHAL *
NIROULA, JAY.C SHAH AND WINSTON LUM, in ‘one- jurisdictional territory and part-in

* another, and that the acts or’ effects requisite to the above offense occurred: in two or more
jnsindictional territories, including the! City and Com. of San Fr ‘rancisea,

oo AS TO ee NIROULA: -

-recogizatice, within thes ‘meaning. of. ‘Penal Code. Section: £2022.3564 |

: COUNT: Val

The said defendants, KAUSHAL NIROULA; JAY C SHAH, GRACHELLE Cc “LANGUBAN,

AND WINSTON LUM, did in the City. and County of San Francisco, State of California, between :

: the 14th day of January, 2009 through the 28th day of February, 2009, both days. inclusive; commit af

the crime of. ESFALSE OR FORGED INSTRUMENT, to’ wit: Violating Section 115€@), of. the wt

that, the. said defendants. did-ynlawsully: a % ay

x1 se 1 ‘rogistered, and record f
+. this: state; to wit: iT STREET; UNIT #4962; SAN FRANCISC
which i instrument, nuine, > might Be filed, registered, ‘and. recorded under a Taw o of this state or

ioe ‘dainaged, and. destroyeit property of a wale. PERE
roperty, of Sime HWANG, within the @ meaning. of Penal, Code section’ .

wt ‘AUSHAL NIROULA, coriimitted the above offense(ay"
“while lié/she was. ‘released ‘ftom: ciistody in a felony offense, on bail and on. his/her own: 2 oi
: recognizance, within the meaning of] Penal Code Section 120221. . : ; :

123565

count: 1

The said defendants, KAUSHAL NIROULA, JAY. Cc SHAH, ‘GRACHELEE. c. LAN NGUBAN, .
AND WINSTON LUM, did ‘i in the City and County of San Francisco, State of California, between

. the 14th:-day, of January, 2009 through the 28th. day. of February, 2009, both. days jticlusive, commit 7
-the-crimé-of BILIN' FALSE REAL PROPERTY DO!

exceeding $200; 00;
12023; 6@@).

oe au GATION. or conngrrm OFFENSE 1 SEVEIGAL-JURISDICTIONS PURSUANT 7

Hs onal territory and part in sonthiad eae
” occurred i ‘in two or

t the acts ‘or: ‘effects requisite’ to the above ‘offense
ore Jurisdictional ‘exzitories, incding: the 2 City and’ pai of San Francisco...3566

AS TO. DEFENDANTS KAUSHAL NIROULA, JAY Cc SHAH, MELVIN L EMERICH, AND
"WINSTON LUM ONLY: . ao

- ei x

: Codé, a Felo1 y; in that ‘the said defendants: dic unlawfully take ie personal ‘propecty of a ae |
«Value excééding “Four Hundred ; Dolley ($400), to ‘wit: U.S. CURRENCY, the ‘property of | ele

. .WELTE MORTGAG

~ $1,300,006, the’ “property” of DEE WITTE: MORTGAGE AND KITCO HOLDINGS, within, the “eT
mani ‘of Penal Code section 12022 6(a)(3)." a i

: > MIMIETING OFFENSE IN, SEVERAL. JURISDICTIONS. PURSUANT ;
\ TO PENAL ‘CODE SECTION.781 :
It'is further ‘alleged:that part of the above public . offeise’ “was committed. by defendants, KAUSHAL,
NIROULA, JAY C: ‘SHAH, MELVIN. L: EMERICH, AND WINSTON LUM;, in one jurisdictional
: tetritory ‘and part in ‘another, abd. that! the acts ‘oi; ‘effects requisite to thé above offense occurred: in.
two ‘or mote. Jurisdi¢tional: tetritoris, Jnckuding, the Gity and-County-of San Francisco. :

: ALERGATION ‘AS +0 DEFENDANT KAUSHAL NIROULA:

43567 |

COUNT: x:

. , The said defendants, KAUSHAL NIROULA, JAY C “SHAH, MELVIN L EMERICH;
. GRACHELLE C.,LANGUBAN, AND WINSTON LUM, did, in ‘the City and County cof San
- Francisco; ‘tate of California, . between. Hie 26th day of February, 2009 ihtoughy the’ 31st d

: IN3568

. COUNT: XI 7
* The said. defendants, KAUSHAL NIROULA, JAY C ‘SHAH, MELVIN L EMERICH, AND
WINSTON LUM, did in the City and County of San Francisco, State of California, between the
” 26th. day of February, 2009 through the, 31st day of March, 2009, both days inclusive, commit the-

. oxime of FILING FALSE REAL PROPERTY DOCUMENTS; to-wit: Violating Section 115-5(a):of -
the..Penal_Code, ’.a. Bélony;..i that: ._the_said_defendanits_did_file_.a_false_or_forged:.document or...
instrument, to. wit: DEED OF TRUST ‘TO 425-FIRST ‘STREET, UNIT #5501, SAN FRANCISCO,.
whiel. ‘affected title to, placed an, ericumbrahce on,.or placed. ‘an-intérest sécuréd by 2 a mortgage deed
of ‘trust on, real, property’. consisting ‘of a’ sitigle. family residence’ conning not mote “than four
a dmesg units with knowledge that thé dloctntieng was false. x £ ree : :

. _meahing of Penal’ Code: ection 12022.6(830).' Sia Set

ALLEGATION. Or COMMITTING. ORFENSE, IN sive JURISDICTIONS PURSUANT co,
“TO:PENAL €ODE SECTION 781 *; Le i
further alleged that part of the ‘above ‘public offesise was ‘ Gorimitted by defendants, KAUSHAL :
. NIROULA; JAY C SHAH, MELVIN L EMERICH. AND WINSTON LUM, in one. jurisdictional,
territory and Part im: another; and that. the atts or effects requisite to. the above offense occurred i in’COUNT: XIE

The. said’ defendants, KAUSHAL NIROULA, JAY ‘c SHAH, MELVIN L EMERICH AND oe i
_ WINSTON.-LUM, did in the City and. County of: San Francisco, State of California, between the . |

26th day of February, 2009 through the 31st day: of March, 2009, ‘both days inclusive, commit the 4
‘crime of FILE FALSE OR FORGED INSTRUMENT, to ‘wit: Violating Section 115(a) of the :
--California Penal. Code,a’Felony,, in-that. the_said: defendants. did_unlawfully_and_ knowingly: procure.

and offer a’ false and forged instrument. to be filed, registered,. and - recorded in a public office Within .

this: state; to- wit: ; ‘wit! “DEED OF TRUST ‘TO 425° FIRST. STREET, UNIT’.#4802; SAN,

FRANCISCO, whicl inistrutiieiat, if gemiine, hight be filed; registered, and recorded under # law. of

" WINSTON’ ae céminiitted ‘more ‘had one violation: of Penal code ‘secti vn,
"defraud another, and that ‘the violatioris fésultéd i ina ciishulative financial loss exceedinig
Hundred ‘Thousand Rollats ($100, 000: 00), within the meaning of Penal’ ‘Code, section LISE)Q)-

“ALLEGATION ESSIVE TAKING OF. Provisety. PURSUANT to PENAL: {cope :

SECLION 12022:6¢ )Q) -
‘It is further alleged that in ‘the commission ; and. the. attempted comiriissién of the above “tfeuse, the 7
_ said defendants; KAUSHAL NIROULA, JAY. C- SHAH, MELVIN. L’ EMERICH AND WINSTON ©
LUM; with the ‘intent so. to-do, ‘took; daimiaged,, anid” destroyed property: of: a ‘valiie exceeding -
$200,000, the property of DE WITTE MORTGAGE AND KITCO HOLDINGS, within the meaning,
of Penal Code section. 12022; 6(a)Q2). : pie : :

ALLEGATION OF CoMMrrTING OFFENSE IN: SEVERAT. JURISDICTIONS PURSUANT.
TO:PENAL. CODE SECTION 781 ‘
Tt is:further alleged’ that patt of the above public offense was committed by defendants, KAUSHAL,

eto the. above offense occurr
of San Francisco. .° :

It is further alleged that the said NETO PENA KAUSHAL NIROULA, ‘commited the.above offense(s)
-while - he/she ‘was released ‘fiom custody in a, felony offense, on bail and on his/her own |
recognizance, within the 1 meaning of Penal Code. Section 12022.1.” :3570

(COUNT: XIV. 7 ,

- The said defendants, 'KAUSHAL NIROULA, JAY C. SHAH, MELVIN EL soampactt AND’ y
WINSTON LUM, -did in the City and County of San’ Francisco, State of California, between the
26th-day. of. February, 2009 through the 3ist day of March, 2009, both days inclusive, commit the
crime of. FILING FALSE REAL PROPERTY DOCUMENTS, to wit: Violatitig, Section’ 115.5(a) of
2: thie Penal Code, lony;—in-that_thé-said-. defendants..did— -file.-afalseorforged ~décument-. OF
OF TRUST TO 425 FIRST STREET, UNIT #4802, SAN FRANCISCO,
‘placed an eacumbrance, on, or placed an inferest, sepured; :by a mortgage decd

er alleged: that; part of ‘the above public affense ¥ was o6i itted by deferidants, eaUSHAL,
AY. Cc SHAH, MELVIN L EMERICH AND WINSTON LUM, in one jurisdictional oeThe said defendants, 1 KAUSHAL NIROULA, JAY .C SHAH, MELVIN L EMERICH AND
WINSTON LUM, did in’ the City and County of San. Francisco, _ State of. California, between the
25th day of February, ‘2009 through the 31st day of March, 2009, ‘both days inclusive;.commit-the  .
crime of FILING FALSE OR FORGED’ INSTRUMENT, to. wit: Violating ‘Section 115(a) ‘of the. ©
California Penal ‘Code,’ ‘a Felony;.in_that.the. said: defendants: -did_unlayfally., and_knowingly. [procure
” and offer'a false and forged instrument: to be filed, registered, and sécorded.in'a public office within - :
this state, to-wit: DEED OF-TRUST TO 425 FIRST STREET, UNIT #4902, SAN-FRANCISCO, ~
_ which instrament, if genuine, oe Be filed, registered, ai recorded ‘under a Taw of this state or the |-
- United States. : ee :

|
|
|
|
COUNT: XV et A 7 |
{
|

LL i
$2001 000; “the 2 propery of: DE WITTE MORTGAGE AND erro HOLDINGS; within ve meaning’ i
of: Periak Code section 39022: 6@)Q). - 7 oe : : my : |

ALLEGATION OF. COMMITTING OFNENSE: IN SEYE) RAL: JURISDICTIONS PURSUANT
’ 'FO'PENAL CODE SECTION 781
-. It is‘further alleged that part of the above public offensé was commitied by defendatits, KAUSHAL ©
NIR ULA; JAY. C. SHAH, MELVIN. L ERICH, AND, SUM; in one jurisdictional
} 16 the ‘above offerise. occurred i in

'

ALLEG. ‘cio “oF FELONY COMMITTED WHILE ON BAIL “AND. ON. OWN
3 j NAL CODE SECTION 12022:1 ° ~~

: riher alleged that the. said deféndant, KAUSHAL NIROULA, comniitted the above offense(s)

ce while He/she was” released froni custody in a felony offense, on bail and on hisitier own

: recognizance, within the meaning of i Code Section 12022. 1. -

19“count: XVI:

Thé -said defendan 7 KAUSHAL NIROULA, ‘TAY Cc “SHAH, “MELVIN L EMERICH AND wy

20O oe 35°73 |

_AS TO DEFENDANTS KAUSHAL NIROULA, JAY C SHAH AND MELVIN L EMERICH :
ONLY:..

COUNT: XVO

The said defendants, KAUSHAL NIROULA, TAY Cc SHAH. -AND MELVIN L EMBRICH, did i in).

: Peiial Code, a 1 Felony, in that the said defendants aid slaty conduct anid AS ‘conduct a :

transaction involving ‘a monetary. instrunient ‘and “instruments, ofa, value’ exceeding Five: Thousand Peet

_ Dollars ($5, 900. 60) within a seven-day period. through a financi
stablish, » carry’ on, and facilitate’ thé promotion,

wit: CONSPIRACY; GRAND,

‘ing ‘that the tiotietary instriment. represented.

directly ‘anid, indirectly from d the _proceait of criminal activi

It is further alleg that in the commission ‘aad the: Siena commission. of thie ‘hove: ‘tfense: “the.
* said: defendants, KAUSHAL NIROULA, JAY c SHAH AND MELVIN L_EMERICH, “with the

- of SHIRLEY HWANG, DE WITTE MORTGAGE AND KITCO HOLDINGS, within the hearing
‘of. Penal Code section 1002, 6@)Q).- . . . so

ALLEGATION OF COMMITIING: OFFENSE, IN SEVERAL JURISDICEIONS PURSUANT
TO PENAL -CODE SECTION:781

i ether alleged that part‘of the above public - offense was: cominitied by defendants, KAUSBAL
_ NIROULA; JAY.C SHAH AND MELVIN L EMERICH, in one. ‘jutisdictional’ territory and part in’
another, . and that. thé..acts ‘or effects requisite to the above. offense occuired -ia two or’ more 7 a
- Jitisdicfional detritoties, ineindng the City2 and aoe of San Francisco. . .

ai“COUNT: XVIE
" The said defendants, KAUSHAL NIROULA, JAY C SHAH AND MELVIN L 'EMERICH, did i ino i
the City and County of San Francisco, State’of California, on or about the 9th’day of March, 2009, “4
conimit the crime of MONEY LAUNDERING, to. wit: Violating Section 186, 10(a):.of the California ~*

Penal ‘Code, a Felony; .in-that the said defendants did unlawfully: conduct and attempt: to conduct a
oat tteinisactt wolving.. a ‘monetary instrurnent-and- iastmty of. A -value; exceeding: Five‘Thousan

fo. mE establish, ‘carry On) and facilitate the piomotois, maniggémi nt; establishmésit; and
Criminal activity, to wit: ‘CONSPIRACY, GRAND THEFT AND’ FILING FALSE

d ‘de ¢ F 2 , the ptopé Dies
‘of SHIRLEY HWANG, DE WITTE sowie AND KITCO HOLDINGS, ‘within the smearing:

_ALLEGA'TION oF: cOMMENTING: ‘OFFENSE IN. sue, JORISDICT ONS PURSUANT
TO. PENAL) CODE SECTION-781 wae :
_ It is. further alleged ‘that patt.of the above public: offense was conimitte by defendants, KAUSHAL
NIROULA, JAY C SHAH'AND MELVIN L’ ‘EMERICH,, i.one jurisdictional territory and-part in -
, another; and‘that the acts or effects requisite to the above. offense :occurréd -in.two or more’
“jurisdictiorial territories, including’ ‘the City, and: County of San Fra 5 Te

ALLEGATION AS 10 DEFENDANT: AUSHAL NIROULA |

_ Skea

the: above offs ; ) : 4
‘and Ont ‘hisiher own” te

22- COUNT: a

The' said defendants, KAUSHAL .NIROULA, JAY C SHAH AND MELVIN L. EMERICH, did i in
the City and County’ of San Francisco, State of California, on or-about the: 20th day of ‘April, 2009,
commit-the crinhe of MONEY LAUNDERING, to wit: Violating. Section 186. 10(a) of the California
* Penal Code, a Felony, in that the said defendants did- unlawfully conduct and attempt to conduct a

over a seven-day ‘period through , a financial :
tablish, arty on, anid. facilitate the: ae management, ‘establishment, and

: ALLEGATION OF. CoMmisrinG ORFENSE IN SEVERAL JURISDICTIONS PURSUANT
TO-PENAL CODE SECTION 781.
It is further alleged: that part of: above public offense was comthitted ‘by. dcfendants, KAUSHAL

. NIROULA, JAY C.SHAH AND..MELVIN L'EMERICH, in one‘jurisdictional territory and part-in -
another, and that, the acts:'or’ effects tequisite. tothe above offense occurred in two. or thore 7
jurisdictional | territories, including: the: City: and County of Sap Francisco;

. “ALLEGATION AS TO. DEFENDANT "KAUSHLAL, NIROULA:

; : -BAIL” AND" on own
, OGN ) i 0) i.

233576 |

AS 'TO DEFENDANT WINSTON LUM'ONLY:

_ COUNT: XX

The said defeidant, aan LUM, Gia. in the’ City and ‘County’, of San Fiabriseo, State cof:

1; took, yed- property —
excesding $200; 000, the property of JOHN: “ABD- EL: ‘MALEK, Within the meaning. sof +
settion, 12022. 6). : :

. ALcecémion’ “OF FELONY” COMMITTED, WHILE” ON. BAIL AND. ON. “OWN
“RECOGNIZANCEPURSUANT TO PENAL: CODE SECTION 12022: :

Aig ferthier- alleged that the said defendant, WINSTON. LUM, committed the.above -offense(s) while
he/she.” ‘was released: from’ custody.,ia.a felony. offense; on bail and on n his/her own. Tecognizance,
within the meaning of Penal Code Section 12022.1. : ‘ .

COUNT: XI.

defends, WINSTON: LUM, did. in the City’ and ‘Coniy.0 of: “San Franeisco,: State-of: .. i
A between the Ist day-of Jantiary, 2010, flirough the 31st day of Jafitiaty, 2010, both: days. |
: commit the crime of FILING EALSE OR FORGED INSTRUME ", to. wit: Violating

nda, WINSTON: LUM: "cominiitted mhore than’ Saale of Penal Cais section
115@) with’ the intent to’ defraud another, and that the violations resulted in a’ cumulative’ financial

” Joss ‘exceeding One Hundred Thousand” Dollars ($100,000.00), within the‘ meaning of, Penal Code
section. 145(c)(2). : :

248897.

ALLEGATION OF FELONY. CoMMITiED: WHILE. “ON BAIL: AND: ON. OWN. .
u RECOGNIZANCE PURSUANT. TO PENAL CODE SECTION 12022.1
It is further alleged that the said defendint, WINSTON LUM, coinniitted the above offeiise(s) while .
"he/she was, released, from custody in a’ felony offense,” on bail and” his/her own recognizance, |
the mheaning of Penal Code. Section, 12022. I. . .

“i Phe said defendant, WINSTON: BUM,
California, ‘between ‘the. Ast: day. ‘of J

25 : i: “that “he had 1 no: ‘right t to or interest i in such pi petty, to, oh
: ": QUIECLAIM DEED; DATED; JANUARY 12, ‘2010, TO THE REAL PROPERTY LOCATED AT oe

7 The aid defendant, GRACHE) LE C LANGUBAN, ‘did in the Si and. tiny of: San a Facto,

: The said defendant, GRACHEELE c LANGUBAN, didi in the City and County of San Francisco,

“COUNT: XXIV

’ The said ‘defendant, WINSTON LUM, did in the City and County of San Francisco, State ‘of,
California, between the Ist day of January, 2010 through the 31st day. of January, 2010,-both days
inclusive,- commit the crime of ERAUDULENT CONVEYANCES, to wit: ‘Violating Section” 531a.
“of the Penal Code, a Misdemeanor,’ in that thie Said defendant did, with intent to defraud, kno ingly

ly.

éfendant did unlairflly, utider Se
false, to: wit? :certified. under’ pe df f perjury ‘that SHIRLEY ‘S.: “HWANG: pessonaly appeated’ :
before her and proved to, lier on- asis-of satisfactory evidence to be: the person whose named was: °
subseribed on the instiuinent notarized,’ to Wit: a GRANT DEED to 425 FIRST STREET #5501, Sat
Francisco, California. ,

| COUNT: XXVI , i

State-Of California, oti dr dbqut the 14th day of January, 2009, coitimit the crinie of PERJURY BY:

- DECLARATION, ‘to wit: Violating Section. 118(a) of the Penal Code, a Felony, in “that the said“.
defeiidant did unlawfully, under Benny. of perjury, declare, as true, that which was’ ktiown: to-be *

* ‘The said defendant, GRACHELLE C. LANGUBAN, did in the City and County of San Fiaricisco,
State of California, on of about the 14th day. of. January, 2009, cominit the crime of PERJURY BY _

” DECLARATION, to wit: Violating Section 118(a) of ‘the. Penal Code, a Felony, in that.the said
defendant did unlawfilly, under penalty of perjury, declare as trué, that which was know .
‘false, :to ~wit:, certified under, penalty of perjury that, SUIRLEY S. HWANG  pérsonaily: appeiied.
before her and proved to her on the basis of satisfactory evidence to be the person whose named: was
subscribed on the instrument notarized, to wit: a GRANT DEED to 425 FIRST STREET #4902, San.
Francisco, California.

26- COUNT: XXVIII ;
The said defendarit, GRACHELLE C. LANGUBAN, did in the*City'and County of San.Francisco,
*. State of California, on .or about . the 14th ‘day of January, 2009, commit the crime - of
‘AL-SIFICATION OF A ‘LEGAL DOCUMENT, to wit: Violating Section 4700), of thé Penal Colle,
lony.,-in-that the-said- defendant: did. willfully. cand. unlawfully alter, cotriipt-and falsity. -atecord
will, codicil, conveyance, arid other instrument of record which ji is by Jaw evidence; and a r
onan judginent . of 4 court and’ the réturti: of any officer to- any, protess of ay Court, to ‘wit:
iT DEED to 425 FIRST STREET #5504, San Bjangisco; California. 7 :

COUNT; XXX .

TT: DEED to~ 05 FIRST STREET #4902, Sin Bandi California.

“cout Sex Bee aoe ae

wit Vclatiy So Section 470(4) of the Penal Code, a Felony, ih ‘that ‘the’ ed defendant: did willfally
aind winlawtully, with the intent to-defraid, being a notary public, issue an acknowledgment knowing.
it to-be issue, to wit: issuing ab acknowlédgrnent that SHIREEY S. HWANG fad “person
. appeated beforé her and sigiied an, instrument, to wit: GRANT DEED to 425. FIRST Te :
_ #5501, San Francisco, an : : : : s: “

273580

_ COUNT: XXXIL

The said defendant, GRACHELLE Cc LANGUBAN | did j in the City and County: of San: Francisco,

. State of California, on or about. the 14th day of January, 2009, commit the crime of FORGERY, to

wit: Violating . Section 470(d) of ihe Penal Code, a Felony,:in that’ ‘the. said defendant did- willfully '
“and. unlawfully, With-the ent. to defrand, being a notary Pater issue an acknowledgment Knog pH

i ‘GRANT DEED to ADS, RS
902, San panciged, California. eee it eee

ALLEGATIONS AS'T0 ALL RIVE. ERENDANTS: ei\ ihe Ss

: ALLEGATION. OF ‘AGGRAVATED ware COLLAR. CRIME. PURSUANT TO PENAL :
CODE SECTION 186. te ti i :

erial ‘Code Section 12

28 ee 7 47 3584

ALLEGATION AS TO DEFENDANTS KAUSHAL, NIROULA, JAY C SHAH AND MELVIN
“LEMERICH ONLY: ©.” eu a

‘ALLEGATION PURSUANT TO-PENAL CODE. SECTION 186. 10@) :
It further alleged: that ‘the value’ f the tranisactio committed’ by defendants, KAUSHAL NIROU LA,” ~

,
e tien 2 of Penal, Code section 220 v3).

“ Le The said. defendant, TAY c ‘SHAH: previously ‘convicted of the crinie of FORGERY, violating.” a
-” “-seetion 476 of this Penal Code, a Felony, on'or about the 12th ay of April 1994, in the ‘Superior
ce *. Court’ of, California, Peet of Santa Clara. Be} :

.2.> The said- defendant, JAY 'C ‘SHAH, previously convicted of the-¢ crime of RECEIVING OR:
BUYING STOLEN PROPERTY, violating séction 496(a)-of the Penal Code; a Felony, on or — : |
the- ist day: of Apa 1997, in the Superior Court 6f:California, Connty of. ‘Santa Clara... “

i ithin fifteen (15) days, the défendant andlor bigger’ attorniy dis
(A) the ames and addresses’ of aja. dant, he/she jritends -fo‘call-as witnesses at tial, together with any relevant wrilten

* recoded statements oF those’persins, iF reports of the stateiients, of those persons incladiig any reports or statements of experts. inade-in’ ‘coninection *
with the case, and including the results bEphysical or inenlal exazhinations, scientific tests, experinients, of comparisons which the defendant intends to.
offer in evidence at the-trial} ‘®) ‘Any’ ‘real ‘evidence which the defendant intends to offer in eviderice” at the trial, ‘This request is a’ contin Tequiest, ©
cover ly ail stick material current in existence, but all uaterial Whicli cones into existence to the coriclasion of this case.-  . ".

‘Parsviant-to Penal Code se

I State, ‘declare; verity and ceatity undér the penalty of perjury that the coreg is true and a
Executed it in San Francisco, California on th , 2010.

INSP. ROBERT STEGER

29EXHIBIT BPage: 1
SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO
CRIMINAL DIVISION
DATE: 09-19-12 DEPARTMENT 19
JUDGE: CHARLENE P. KIESSELBACH CLERK: Esther Berick

BAILIFF: J, Lee REPORTER: Debbie Neville CSR# 9703
. BUSINESS ADDRESS: 850 Bryant St, San Francisco, CA 94103

‘The People of the State of | California, Plaintiff MINUTES

vs.
WINSTON LUM COURT NO: 10003838, SCN: 214617
MEL+ 10009191 214618
VIN EMERICH 10009193 214619
JAY SHAH
Defendant(s) Charge(s): 182(A)IPC/F ETAL,

Assistant D.A.: SANDIP PATEL
Defense Counsel: DAVID HARRISON FOR WINSTON LUM, VICTOR VERTNER FOR MELVIN EMERICH,

RICHARD SHIKMAN FOR JAY SHAH
NATURE OF PROCEEDINGS: JURY TRIAL-VERDICTS |: Defendant(s). Status

9:35 a.m. — Court, counsel, defendants Lum and Emerich present, and jury present, the matter
continues for reading of verdicts. Defendant Shah does not appear.
10:20 - Short break.
40:45 a.m. — All parties present, the matter continues for reading of verdicts. The verdicts are
follows: as to Jay Shah, the defendant is found guilty on counts 1,3, 4,5, 6, 7. 8, 9, 10, 44, 12, 13
and 18.
41:50 a.m, - Break.
12:05 p.m. — All parties present, the matter continues for jury trial. The Court polls the jury. All
answers are in the affirmative. The Court declares mistrials as to the following counts: 1, 3, 11, 12
and 13 as to defendant Lum. ‘As to defendant Emerich the court declares mistrials on the following
counts: 1, 7, 11, 12 and 43. Also, the court declares mistrials for defendant Emerich on the special
findings of 1203.045pe, 186.10pc and 186.11
42:45 p.m. —The Court reads final jury instructions.
4:05 p.m. - Lunch recess.
4:45 p.m. - Court, counsel, defendants Lum and Emerich present, the matter continues for jury trial.

“9? RHE ANNEXED INSTRUMENTS A
RRECT COPY OF THE ORIGINAL
ON FILE IN MY OFFICE.
| “ATTEST: CERTIFIED

S Oct 022012

CLERK OF THE COURT

.. RT
Super Gaitfornlg, Coumty of San Franclaco
DEPUTY CLERI