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Bao-Quan P. Pham, Esq. (SBN 201281)
LAW OFFICE OF BAO-QUAN P. PHAM
345 N. 18" Street
San Jose, CA 95112
Telephone: (408)275-9683
Facsimile: _ (408)275-9632
Email: baopham408@sbcglobal.net
Attorneys for Plaintiffs
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA
LIMITED JURISDICTION
DUYET DINH HOANG AND HOANG THI Case No.: 22CV404288
NGUYEN, TRUSTEES OF THE DUYET
13 DINH HOANG AND HOANG THI .
NGUYEN REVOCABLE TRUST DATED Ree OL CANS DEEDS
APRIL 25, 2007,
Plaintiffs,
vs.
HUY HOANG; DANIEL DUY HOANG and
16 DOES I to 10, inclusive,
Defendants
EX PARTE APPLICATION
I, BAO-QUAN P. PHAM, declare that:
1. I am an attorney duly licensed to practice law before the Courts for the State of
California and I am the attorney of record for plaintiffs DUYET DINH HOANG AND HOANG
THI NGUYEN, TRUSTEES OF THE DUYET
Ex Parte Application Re: Rescission
HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288,
Page | of 426
27
13 DINH HOANG AND HOANG THI NGUYEN REVOCABLE TRUST DATED APRIL 25,
2007 (hereinafter referred to as the “Trustees”).
2; Defendants HUY HOANG and DANIEL DUY HOANG, Trustees’ biological
sons, (hereinafter referred to as “Defendants”’) are aware of my Ex Parte Application, and as
evidenced by the attached Stipulation; they have agreed that they would not appear or oppose
this Ex Parte Application.
3. I make this Declaration in support of Trustees’ petition to rescind two grant deeds
as follows:
a) On or about September 30, 2021, a Joint Tenancy Grant Deed adding
Defendants to 1849 Oakton Ct., San Jose, CA 95148 with APN 488-19-
059’s title as joint tenants via Instrument Number 25118694 Official
Records of Santa Clara County Recorders’ Office via a Joint Tenancy
Gant Deed (hereinafter referred to as “Oakton Court Grant Deed”) be
retroactively RESCIND to the date of filing on or about September 30,
2021 and BE NULL AND VOID, so as if it were never executed and/or
recorded and
b) On or about September 30, 2021, a Joint Tenancy Grant Deed adding
Defendants to 2797 Kern Ave., San Jose, CA 95121 with APN 499-07-
015’s title as joint tenants via Instrument Number 25118695 in the Official
Records of Santa Clara County Recorders’ Office via a Joint Tenancy
Grant Deed (hereinafter referred to as “Kern Avenue Grant Deed’) be
retroactively RESCIND to the date of filing on or about September 30,
Ex Parte Application Re: Rescission
HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288,
Page 2 of 426
27
2021 and BE NULL AND VOID, so as if it were never executed and/or
recorded.
4. Rescission of the Oakton Court Grant Deed and Kern Avenue Grant Deed is
urgent because ‘Irustees and Defendants wish to avoid paying the increased property taxes
resulting from the relevant transfers, which amounts to over $25,000.00 for both properties and
the first installments payments are due by no later than December 10, 2022. Thus, Trustees and
Defendants wish to have these grant deeds rescinded as soon as possible to avoid the increased
property tax liabilities for this year.
Ss As evidenced by the Stipulation between Trustee and Defendants agreed to
rescind the Oakton Court Grant Deed and Kern Avenue Grant Deed because Trustees were
misled about the legal consequences of these grant deeds. Specifically, Trustees were misled to
believe the following:
a) that they had to add their sons to Oakton’s and Kern’s title in order for
them to be bequeathed these properties after their passing, when in fact
Trustees’ revocable trust would have done so without these inter vivos
transfers;
b) that Trustees would retain control over these real properties and their
revocable trust would dictate what would happen to these properties, when|
in fact adding their sons’ names to title terminated Trustees’ exclusive
control and
c) that the property taxes for these properties would not be re-accessed and
thus, increase; when in fact the combined property taxes increased by
approximately $25,000.00 annually.
Ex Parte Application Re: Rescission
HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288,
Page 3 of 426
27
Attached hereto as EXHIBIT 1 is an accurate and true copy of the Stipulation; wherein the
parties agreed to rescind the Oakton Court Grant Deed and Kern Avenue Grant Deed.
6. Trustees and Defendants stipulated to rescind the Oakton Court Grant Deed and
Kern Avenue Grant Deed because:
a) the inter vivos transfers of these real properties were unnecessary;
b) the parties want the Trustees and their revocable trust to retain control of
these properties and
c) the parties wish to avoid paying the substantially increased property taxes
Ts Accordingly, I respectfully request that the Court issue and enter an Order
retroactively rescinding the Oakton Court Grant Deed and Kern Avenue Grant Deed and make it
so that it is null and void, as if it were never executed and/or filed with the County of Santa
Clara.
I declare under penalty of perjury of laws of the State of California that the following is true and
correct. Executed this 14" day of October of 2022 in San Jose, California.
Dightaly signed by 80°
DN: en=80P,o=Law Ofce of BAO-
QUAN. PHAM, ou.
email-baophamt0aasbeglobal net
cus
Bao-Quan P. Pham
Ex Parte Application Re: Rescission
HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288,
Page 4 of 4EXHIBIT 1N
>
o
Bao-Quan P. Pham, Esq. (SBN 201281)
LAW OFFICE OF BAO-QUAN P. PHAM
345 N. 18" Street
San Jose, CA 95112
Telephone: (408)275-9683
Facsimile: — (408)275-9632
Email: baopham408@sbcglobal.net
Attorneys for Plaintiffs
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA
LIMITED JURISDICTION
DUYET DINH HOANG AND HOANG THI Case No.: 22CV404288
NGUYEN, TRUSTEES OF THE DUYET
13 DINH HOANG AND HOANG THI
NGUYEN REVOCABLE TRUST DATED (PROPOSED) ORDER AN
APRIL 25, 2007,
Plaintiffs,
vs.
HUY HOANG; DANIEL DUY HOANG and
16 DOES I to 10, inclusive,
Defendants
STIPULATION
Plaintiffs DUYET DINH HOANG AND HOANG THI NGUYEN, TRUSTEES OF THE
DUYET DINH HOANG AND HOANG THI NGUYEN REOVCABLE TRUST DATED
APRIL 25, 2007 (hereinafter referred to as “Plaintiffs”) and defendants HUY HOANG and
DANIEL DUY HOANG (hereinafter referred to collectively as “Defendants”) intelligently,
knowingly and voluntarily agrees and stipulates as follows:
Stjpylation Re: Rescission
Plaintiffs” initials HH ind Defendants” Initials: u/.t
HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288,
Page | of 3ny
o
>
a
N
©
©
10
1. Plaintiffs and Defendants will be collectively referred to as the “Parties”.
2. On or about September 30, 2021, a Joint Tenancy Grant Deed adding Defendants
to 1849 Oakton Ct., San Jose, CA 95148 with APN 488-19-059’s title as joint tenants via
Instrument Number 25118694 Official Records of Santa Clara County Recorders’ Office via a
Joint Tenancy Gant Deed (hereinafter referred to as “Oakton Court Grant Deed”) be retroactively,
RESCINDED to the date of filing on or about September 30, 2021 and BE NULL AND VOID,
so as if it were never executed and/or recorded. Attached hereto as EXHIBIT 1 is a copy of the
recorded Oakton Court Grant Deed.
3. On or about September 30, 2021, a Joint Tenancy Grant Deed adding Defendants
to 2797 Kern Ave., San Jose, CA 95121 with APN 499-07-015’s title as joint tenants via
Instrument Number 25118695 in the Official Records of Santa Clara County Recorders’ Office
via a Joint Tenancy Grant Deed (hereinafter referred to as “Kern Avenue Grant Deed”) be
retroactively RESCINDED to the date of filing on or about September 30, 2021 and BE NULL
AND VOID, so as if it were never executed and/or recorded. Attached hereto as EXHIBIT 2 is
a copy of the recorded Kern Court Grant Deed.
4. The Parties respectfully requests that the Court issue and enter an Order
retroactively rescinding the Oakton Court Grant Deed and Kern Avenue Grant Deed and make it
so that it is null and void, as if it were never executed and/or filed with the County of Santa Clara}
and
5. This Stipulation may be submitted by ex parte application through Plaintiffs’
counsel without any notice to Defendants and/or opposition by Defendants or submitted by
Plaintiffs’ counsel through the Court's clerk for review and execution by the Court.
Stipulation, Re: ion ;
Plaintiffs” na Dy des Defendants’ Initials: Mt
HOANG v. REVOCABLE TRUST, etal., Case No. 22CV4(4288
Page 2 of 3~“
©
Dated: October 12, 2022
Dated: October | ?., 2022
Dated: October | 2, 2022
Dated: October |2., 2022
Upon the showing of good;
IT IS ORDERED THAT the Oakton Court Grant Deed and Kern Avenue Grant Deed,
see EXHIBITS 1 and 2, recorded on or about September 30, 2021 as Instrument Nos. 25118694
and 25118695 in the Official Records of Santa Clara County relating 1849 Oakton Ct., San Jose,
CA 95148 with APN 488-19-059 and 2797 Kern Ave., San Jose, CA 95121 with APN 499-07-
015 be retroactively RESCINDED to the date of filing on or about September 30, 2021 and BE
NULL AND VOID, so as if it were never executed and/or recorded pursuant to Stipulation.
Dated: October __, 2022
ipplation,Re: Re
endants* nits HUY DHF
HOANG v. REVOCABLE TRUST, etal., Case No. 22CV404288
ORDER
a
Duyet Dinh Hoang
Plaintiff
Hoang Thi Nguyen
Plaintiff
Huy Hoang” Za
Defendant
Daniel Duy H
Defendant
Judge of the Superior Court
escission
Page 3 of 3EXHIBIT 1mEconDING REQUESTED BY 25118694
ina Aleomendras
Seping fle County - Clerk-Recorder
09/30/2021 1:42 PM
AND WHEN RECORDED MAIL TO
Titles: 1 Pages: 2
NAME Ouye! Dinh Hoang & Hoang Thi Nguyen Fees: 22
ADDRESS — 2797 Korn Avenuo Total i's
ory MD SADR Ea AAA
STAVEGZIP Sun Joxe, CA 95121 .
APN NO. 488-19-059 ‘Save Above This Lino for Recorder's Use
JOINT TENANCY GRANT DEED
THE UNDERSIGNED GRANTOR(s) Di (s)
DOCUMENTARY: TRANSFER TAX & $908.90 CITY TAX $580.70
CG computed on full vatue of property conveyed, or 6 computed on full value toss value of fens or encumbrances remaining at ime of sale,
© Unincorporated area: [) City of Sen Jose, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ouyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoang and Hoang Thi Nguyen Revocable Trust
Dated April 25, 2007 ane
hereby GRANT(s) to Duyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoeng and Hoang Thi
Nguyen Revocable Trust Dated April 25, 2007 AND Huy Hoang, an unmartied man and Daniel Duy Hoang, an Unmarried
man, as Joint Tenants the following described real property in the City of San Jose, County of Santa Clara, State of
Califomia:
SEE EXHIBIT “A* ATTACHED HERETO AND MADE A PART HEREOF
APN 488-19-059 —/ Y —_
Duyet Dinh Hoang, Trustee
vate 08/18/2021 fuss) _
Hoang Thi Nguyen, Tr
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the |
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. .
State of California
County or SANTA CLRRA
on_OBNB1ZOZI votore me, T NY TRINH Bi ca __ Notary
Public, personally appeared DUYET DINt HOANG AND HOANG THENGUTEN)
proved to me on the basis of satisfactory evi to be the person(s) whose name(s) Is@re Bubscribed
Instrument and acknowledged to me that h xecuted the same In erftheir) thorized capacity(les), and that
by Nhe alsnaluets) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted,
\ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hang and official seal. TIFFANY TRINH BUI
signeture “Uff (NOTARY PUBLIC) (sean
2 Sania Ciara Count
ty Comm. ExpiresDOC #25118694 Page 2 of 2
Mo, 6248 € Oorado Estates Unt tin 8 ed Apr Lt, 1978 ln Book 416 of Maps, at Pages 11 and
@ Sats Ge
underground water with no right of surfece as grented In Deed from Mt.
Wi
sects ert een weve pre wo 8 California Catforna Corporation, dated dated May 30, 1978,
APN: 488-19-059
Ara trienrery Rt fom + Peas LITT)EXHIBIT 2Regina Alcomendras
Santa Clara County - Clerk. irder
9/30/2021 01:42 Pt
AND WHEN RECORDED MAIL TO
Titles: 1 Pages: 2
NAME Duyel Dinh Hoang & Hoang Thi Nguyen Fees: | 2
weoness tavern feet: Ts
airy | We rt WRAL RY aA
STATE &ZIP San Joso, CA 9512)
APN NO. 499-01-016 ‘Save Above This Line for Recorder's Use
JOINT TENANCY GRANT DEED
‘THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $308.00 CITY TAX $924.00
2 computed on full value of property conveyed, or 62 computed on full value less value of liens or encumbrances remaining at time of sale,
© Unincorporated area: [) City of San Jose, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Duyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoang and Hoang Thi Nguyen Revocable Trust
Dated April 25, 2007
hereby GRANT(s) to Duyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoang and Hoang Thi
Nguyen Revocable Trust Dated April 25, 2007 AND Huy Hoang, an unmarried man and Daniel Duy Hoang, an Unmarried
man, as Joint Tenants the following described real property in the City of San Jose, County of Santa Clara, State of
California: :
‘SEE EXHIBIT "A* ATTACHED HERETO AND MADE A PART HEREOF
APN 499-07-015
08/18/2021 -
Hoang Thi Nguyen, Trustee
Dated:
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. |
State of California ,
County of SANTA CLARA
On oglie (2021 before me.
Public, personally appeared _D)
proved to me on the basis of evidence to be the person(s) whose
instrument acknowledged to me that he/s! xecuted the same in his
by his/her! signature(s) on the instrument person(s), or the entity upon &
executed trument.
Q
0
orized capacity(ies), and that,
which the person(s) acted,
ul
Shalf of
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature Wa (NOTARY PUBLIC) oanDOC #25118695 Page 2 of 2
. EXHIBIT "A"
Legal Description
For APNiParcel ID(s): 499-07-015
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 89, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 4089, WHICH MAP WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1886,
IN BOOK 209 OF MAPS, PAGE(S) 19 AND 20.
EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF SURFACE
ENTRY, AS GRANTED TO SAN JOSE WATER COMPANY, A CALIFORNIA CORPORATION BY INSTRUMENT
RECORDED MAY 23, 1986 IN BOOK 7388, PAGE 467, OFFICIAL RECORDS.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
i Partod: 0774.18 @ 12:08 PM
Seamaneave ce Updos 0824.0 cAeT-FSB0-01600 080103 FSB MOSIOCOTES
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26 27 Bao-Quan P. Pham, Esq. (SBN 201281) LAW OFFICE OF BAO-QUAN P. PHAM 345 N. 18" Street San Jose, CA 95112 Telephone: (408)275-9683 Facsimile: _ (408)275-9632 Email: baopham408@sbcglobal.net Attorneys for Plaintiffs SUPERIOR COURT FOR THE STATE OF CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA LIMITED JURISDICTION DUYET DINH HOANG AND HOANG THI Case No.: 22CV404288 NGUYEN, TRUSTEES OF THE DUYET 13 DINH HOANG AND HOANG THI . NGUYEN REVOCABLE TRUST DATED Ree OL CANS DEEDS APRIL 25, 2007, Plaintiffs, vs. HUY HOANG; DANIEL DUY HOANG and 16 DOES I to 10, inclusive, Defendants EX PARTE APPLICATION I, BAO-QUAN P. PHAM, declare that: 1. I am an attorney duly licensed to practice law before the Courts for the State of California and I am the attorney of record for plaintiffs DUYET DINH HOANG AND HOANG THI NGUYEN, TRUSTEES OF THE DUYET Ex Parte Application Re: Rescission HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288, Page | of 426 27 13 DINH HOANG AND HOANG THI NGUYEN REVOCABLE TRUST DATED APRIL 25, 2007 (hereinafter referred to as the “Trustees”). 2; Defendants HUY HOANG and DANIEL DUY HOANG, Trustees’ biological sons, (hereinafter referred to as “Defendants”’) are aware of my Ex Parte Application, and as evidenced by the attached Stipulation; they have agreed that they would not appear or oppose this Ex Parte Application. 3. I make this Declaration in support of Trustees’ petition to rescind two grant deeds as follows: a) On or about September 30, 2021, a Joint Tenancy Grant Deed adding Defendants to 1849 Oakton Ct., San Jose, CA 95148 with APN 488-19- 059’s title as joint tenants via Instrument Number 25118694 Official Records of Santa Clara County Recorders’ Office via a Joint Tenancy Gant Deed (hereinafter referred to as “Oakton Court Grant Deed”) be retroactively RESCIND to the date of filing on or about September 30, 2021 and BE NULL AND VOID, so as if it were never executed and/or recorded and b) On or about September 30, 2021, a Joint Tenancy Grant Deed adding Defendants to 2797 Kern Ave., San Jose, CA 95121 with APN 499-07- 015’s title as joint tenants via Instrument Number 25118695 in the Official Records of Santa Clara County Recorders’ Office via a Joint Tenancy Grant Deed (hereinafter referred to as “Kern Avenue Grant Deed’) be retroactively RESCIND to the date of filing on or about September 30, Ex Parte Application Re: Rescission HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288, Page 2 of 426 27 2021 and BE NULL AND VOID, so as if it were never executed and/or recorded. 4. Rescission of the Oakton Court Grant Deed and Kern Avenue Grant Deed is urgent because ‘Irustees and Defendants wish to avoid paying the increased property taxes resulting from the relevant transfers, which amounts to over $25,000.00 for both properties and the first installments payments are due by no later than December 10, 2022. Thus, Trustees and Defendants wish to have these grant deeds rescinded as soon as possible to avoid the increased property tax liabilities for this year. Ss As evidenced by the Stipulation between Trustee and Defendants agreed to rescind the Oakton Court Grant Deed and Kern Avenue Grant Deed because Trustees were misled about the legal consequences of these grant deeds. Specifically, Trustees were misled to believe the following: a) that they had to add their sons to Oakton’s and Kern’s title in order for them to be bequeathed these properties after their passing, when in fact Trustees’ revocable trust would have done so without these inter vivos transfers; b) that Trustees would retain control over these real properties and their revocable trust would dictate what would happen to these properties, when| in fact adding their sons’ names to title terminated Trustees’ exclusive control and c) that the property taxes for these properties would not be re-accessed and thus, increase; when in fact the combined property taxes increased by approximately $25,000.00 annually. Ex Parte Application Re: Rescission HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288, Page 3 of 426 27 Attached hereto as EXHIBIT 1 is an accurate and true copy of the Stipulation; wherein the parties agreed to rescind the Oakton Court Grant Deed and Kern Avenue Grant Deed. 6. Trustees and Defendants stipulated to rescind the Oakton Court Grant Deed and Kern Avenue Grant Deed because: a) the inter vivos transfers of these real properties were unnecessary; b) the parties want the Trustees and their revocable trust to retain control of these properties and c) the parties wish to avoid paying the substantially increased property taxes Ts Accordingly, I respectfully request that the Court issue and enter an Order retroactively rescinding the Oakton Court Grant Deed and Kern Avenue Grant Deed and make it so that it is null and void, as if it were never executed and/or filed with the County of Santa Clara. I declare under penalty of perjury of laws of the State of California that the following is true and correct. Executed this 14" day of October of 2022 in San Jose, California. Dightaly signed by 80° DN: en=80P,o=Law Ofce of BAO- QUAN. PHAM, ou. email-baophamt0aasbeglobal net cus Bao-Quan P. Pham Ex Parte Application Re: Rescission HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288, Page 4 of 4EXHIBIT 1N > o Bao-Quan P. Pham, Esq. (SBN 201281) LAW OFFICE OF BAO-QUAN P. PHAM 345 N. 18" Street San Jose, CA 95112 Telephone: (408)275-9683 Facsimile: — (408)275-9632 Email: baopham408@sbcglobal.net Attorneys for Plaintiffs SUPERIOR COURT FOR THE STATE OF CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA LIMITED JURISDICTION DUYET DINH HOANG AND HOANG THI Case No.: 22CV404288 NGUYEN, TRUSTEES OF THE DUYET 13 DINH HOANG AND HOANG THI NGUYEN REVOCABLE TRUST DATED (PROPOSED) ORDER AN APRIL 25, 2007, Plaintiffs, vs. HUY HOANG; DANIEL DUY HOANG and 16 DOES I to 10, inclusive, Defendants STIPULATION Plaintiffs DUYET DINH HOANG AND HOANG THI NGUYEN, TRUSTEES OF THE DUYET DINH HOANG AND HOANG THI NGUYEN REOVCABLE TRUST DATED APRIL 25, 2007 (hereinafter referred to as “Plaintiffs”) and defendants HUY HOANG and DANIEL DUY HOANG (hereinafter referred to collectively as “Defendants”) intelligently, knowingly and voluntarily agrees and stipulates as follows: Stjpylation Re: Rescission Plaintiffs” initials HH ind Defendants” Initials: u/.t HOANG v. REVOCABLE TRUST, et al., Case No. 22CV404288, Page | of 3ny o > a N © © 10 1. Plaintiffs and Defendants will be collectively referred to as the “Parties”. 2. On or about September 30, 2021, a Joint Tenancy Grant Deed adding Defendants to 1849 Oakton Ct., San Jose, CA 95148 with APN 488-19-059’s title as joint tenants via Instrument Number 25118694 Official Records of Santa Clara County Recorders’ Office via a Joint Tenancy Gant Deed (hereinafter referred to as “Oakton Court Grant Deed”) be retroactively, RESCINDED to the date of filing on or about September 30, 2021 and BE NULL AND VOID, so as if it were never executed and/or recorded. Attached hereto as EXHIBIT 1 is a copy of the recorded Oakton Court Grant Deed. 3. On or about September 30, 2021, a Joint Tenancy Grant Deed adding Defendants to 2797 Kern Ave., San Jose, CA 95121 with APN 499-07-015’s title as joint tenants via Instrument Number 25118695 in the Official Records of Santa Clara County Recorders’ Office via a Joint Tenancy Grant Deed (hereinafter referred to as “Kern Avenue Grant Deed”) be retroactively RESCINDED to the date of filing on or about September 30, 2021 and BE NULL AND VOID, so as if it were never executed and/or recorded. Attached hereto as EXHIBIT 2 is a copy of the recorded Kern Court Grant Deed. 4. The Parties respectfully requests that the Court issue and enter an Order retroactively rescinding the Oakton Court Grant Deed and Kern Avenue Grant Deed and make it so that it is null and void, as if it were never executed and/or filed with the County of Santa Clara} and 5. This Stipulation may be submitted by ex parte application through Plaintiffs’ counsel without any notice to Defendants and/or opposition by Defendants or submitted by Plaintiffs’ counsel through the Court's clerk for review and execution by the Court. Stipulation, Re: ion ; Plaintiffs” na Dy des Defendants’ Initials: Mt HOANG v. REVOCABLE TRUST, etal., Case No. 22CV4(4288 Page 2 of 3~“ © Dated: October 12, 2022 Dated: October | ?., 2022 Dated: October | 2, 2022 Dated: October |2., 2022 Upon the showing of good; IT IS ORDERED THAT the Oakton Court Grant Deed and Kern Avenue Grant Deed, see EXHIBITS 1 and 2, recorded on or about September 30, 2021 as Instrument Nos. 25118694 and 25118695 in the Official Records of Santa Clara County relating 1849 Oakton Ct., San Jose, CA 95148 with APN 488-19-059 and 2797 Kern Ave., San Jose, CA 95121 with APN 499-07- 015 be retroactively RESCINDED to the date of filing on or about September 30, 2021 and BE NULL AND VOID, so as if it were never executed and/or recorded pursuant to Stipulation. Dated: October __, 2022 ipplation,Re: Re endants* nits HUY DHF HOANG v. REVOCABLE TRUST, etal., Case No. 22CV404288 ORDER a Duyet Dinh Hoang Plaintiff Hoang Thi Nguyen Plaintiff Huy Hoang” Za Defendant Daniel Duy H Defendant Judge of the Superior Court escission Page 3 of 3EXHIBIT 1mEconDING REQUESTED BY 25118694 ina Aleomendras Seping fle County - Clerk-Recorder 09/30/2021 1:42 PM AND WHEN RECORDED MAIL TO Titles: 1 Pages: 2 NAME Ouye! Dinh Hoang & Hoang Thi Nguyen Fees: 22 ADDRESS — 2797 Korn Avenuo Total i's ory MD SADR Ea AAA STAVEGZIP Sun Joxe, CA 95121 . APN NO. 488-19-059 ‘Save Above This Lino for Recorder's Use JOINT TENANCY GRANT DEED THE UNDERSIGNED GRANTOR(s) Di (s) DOCUMENTARY: TRANSFER TAX & $908.90 CITY TAX $580.70 CG computed on full vatue of property conveyed, or 6 computed on full value toss value of fens or encumbrances remaining at ime of sale, © Unincorporated area: [) City of Sen Jose, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ouyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoang and Hoang Thi Nguyen Revocable Trust Dated April 25, 2007 ane hereby GRANT(s) to Duyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoeng and Hoang Thi Nguyen Revocable Trust Dated April 25, 2007 AND Huy Hoang, an unmartied man and Daniel Duy Hoang, an Unmarried man, as Joint Tenants the following described real property in the City of San Jose, County of Santa Clara, State of Califomia: SEE EXHIBIT “A* ATTACHED HERETO AND MADE A PART HEREOF APN 488-19-059 —/ Y —_ Duyet Dinh Hoang, Trustee vate 08/18/2021 fuss) _ Hoang Thi Nguyen, Tr A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the | document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. . State of California County or SANTA CLRRA on_OBNB1ZOZI votore me, T NY TRINH Bi ca __ Notary Public, personally appeared DUYET DINt HOANG AND HOANG THENGUTEN) proved to me on the basis of satisfactory evi to be the person(s) whose name(s) Is@re Bubscribed Instrument and acknowledged to me that h xecuted the same In erftheir) thorized capacity(les), and that by Nhe alsnaluets) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, \ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hang and official seal. TIFFANY TRINH BUI signeture “Uff (NOTARY PUBLIC) (sean 2 Sania Ciara Count ty Comm. ExpiresDOC #25118694 Page 2 of 2 Mo, 6248 € Oorado Estates Unt tin 8 ed Apr Lt, 1978 ln Book 416 of Maps, at Pages 11 and @ Sats Ge underground water with no right of surfece as grented In Deed from Mt. Wi sects ert een weve pre wo 8 California Catforna Corporation, dated dated May 30, 1978, APN: 488-19-059 Ara trienrery Rt fom + Peas LITT)EXHIBIT 2Regina Alcomendras Santa Clara County - Clerk. irder 9/30/2021 01:42 Pt AND WHEN RECORDED MAIL TO Titles: 1 Pages: 2 NAME Duyel Dinh Hoang & Hoang Thi Nguyen Fees: | 2 weoness tavern feet: Ts airy | We rt WRAL RY aA STATE &ZIP San Joso, CA 9512) APN NO. 499-01-016 ‘Save Above This Line for Recorder's Use JOINT TENANCY GRANT DEED ‘THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $308.00 CITY TAX $924.00 2 computed on full value of property conveyed, or 62 computed on full value less value of liens or encumbrances remaining at time of sale, © Unincorporated area: [) City of San Jose, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Duyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoang and Hoang Thi Nguyen Revocable Trust Dated April 25, 2007 hereby GRANT(s) to Duyet Dinh Hoang and Hoang Thi Nguyen, as Trustees of the Duyet Dinh Hoang and Hoang Thi Nguyen Revocable Trust Dated April 25, 2007 AND Huy Hoang, an unmarried man and Daniel Duy Hoang, an Unmarried man, as Joint Tenants the following described real property in the City of San Jose, County of Santa Clara, State of California: : ‘SEE EXHIBIT "A* ATTACHED HERETO AND MADE A PART HEREOF APN 499-07-015 08/18/2021 - Hoang Thi Nguyen, Trustee Dated: A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. | State of California , County of SANTA CLARA On oglie (2021 before me. Public, personally appeared _D) proved to me on the basis of evidence to be the person(s) whose instrument acknowledged to me that he/s! xecuted the same in his by his/her! signature(s) on the instrument person(s), or the entity upon & executed trument. Q 0 orized capacity(ies), and that, which the person(s) acted, ul Shalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Wa (NOTARY PUBLIC) oanDOC #25118695 Page 2 of 2 . EXHIBIT "A" Legal Description For APNiParcel ID(s): 499-07-015 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 89, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 4089, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1886, IN BOOK 209 OF MAPS, PAGE(S) 19 AND 20. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF SURFACE ENTRY, AS GRANTED TO SAN JOSE WATER COMPANY, A CALIFORNIA CORPORATION BY INSTRUMENT RECORDED MAY 23, 1986 IN BOOK 7388, PAGE 467, OFFICIAL RECORDS. MAIL TAX STATEMENTS AS DIRECTED ABOVE i Partod: 0774.18 @ 12:08 PM Seamaneave ce Updos 0824.0 cAeT-FSB0-01600 080103 FSB MOSIOCOTES