Preview
E-FILED
Lenden F. Webb (SBN 236377) 8/15/2017 3:29 PM
WEBB LAW GROUP, APC FRESNO COUNTY SUPERIOR COURT
466 W. Fallbrook Ave., Suite 102 By: K. Daves, Deputy
Fresno, CA 93711
Telephone: (559) 431-4888
Facsimile: (559) 821-4500
Email: LWebb@WBLawGroup.com
Attorney for Plaintiff, JESSE EMMETT
6
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CIVIL UNLIMITED DIVISION
JESSE EMMETT, an individual, ) CASE NO.: 17CECG01566
10
Plaintiff,
DECLARATION OF LENDEN F. WEBB
i
vs. IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO DEFENDANT’S
12
2 PHOLY TUON, an individual; PETITION TO ALLOW
and Does 1 through 25, inclusive, PETITIONER/DEFENDANT TO FILE A
m@2é 13
Oss
Ste
CROSS — COMPLAINT AGAINST
Bes Defendants. ATTORNEY FOR CIVIL CONSPIRACY
14
WITH CLIENT
15
me DATE: August 31, 2017
eS TIME: 3:30
16
DEPT: 402
7
18
I, Lenden F. Webb, Esq., declare as follows:
19
1, Tam an attorney licensed to practice law in the state of California. I am attorney at
20
Webb Law Group, APC., and am the attorney for Plaintiff, Jesse Emmett, an individual
221
(hereinafter referred to as “Plaintiff” or “Mr. Emmett’).
22
2. I make this Declaration on behalf of myself and Webb Law Group, APC., in Support of
23
the Plaintiff's Opposition to Defendant’s Petition to allow Petitioner/Defendant to file Cross-
24
Complaint Against Attorney for Civil Conspiracy with Client.
25
3. I have personal knowledge of the facts set forth herein and would competently testify if
26
called upon to do so.
27
28
DECLARATION OF LENDEN F. WEBB IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO DEFENDANT’S PETITION TO ALLOW PETITIONER/
DEFENDANT TO FILE A CROSS — COMPLAINT AGAINST ATTORNEY FOR
CIVIL CONSEIRA CY WITH CLIENT
1-
4. As part of the Complaint, we are challenging Defendant, Pholy Tuon’s ( hereinafter
referred to as “Ms. Tuon” or “Defendant”) alleged “deeds” that would give her right to the
Properties at issue, which is why a Lis Pendens to all properties have been recorded in both
counties where the alleged partnership operated.
5. In sum, Mr. Emmett does not agree that he willfully and knowingly signed a quitclaim
deed, giving up his interest in the 2368 South Geneva Avenue, Fresno, CA 93706 to Ms. Tuon.
If he happened to sign it years ago, he contends it was not to be operative since Ms. Tuon
never consummated the payment of the $141,000 that was promised and that she was instructed
to not record the 2010 quitclaim. This quitclaim deed AP 478-253-29 is attached hereto as
10 “Exhibit A.”
of ML 6. On May 8, 2017, the police called our office because of an issue involving Plaintiff and
a2
<3-
saz 12 Defendant (See “Exhibit B” for the incident number). Mr. Emmett and I went to the site and I
Bes
Os
Re 13 left a voicemail with Ms. Tuon’s then-current attorney, telling him he should go to the site
S£2
BES 14 because the police were involved in a confrontation between our clients. I arrived at the site and
wzeg
Be
15 discussed the situation with the tenants, Mr. Emmett, and Ms. Tuon who was there in person.
Be
16 We told the tenants that there was a lawsuit and that Plaintiff believes that he is the legal owner
17 and that they should pay rent to Plaintiff. Ms. Tuon was there and chose not to speak. The
18 police officer was extremely knowledgeable as this was his territory and he knew my client,
19 and several of the tenants intimately. I do not remember addressing Ms. Tuon directly other
20. than to ask her if I could take a picture of the rent deposit receipt carbon copy of what she had
221 given to the newest tenant.
22. 7. On or around May 24, 2017, I did speak to Opposing Counsel Abrams regarding the
23. March 13, 2010 quitclaim deed and that it was recorded in 2017 (seven years later). I told
24 Opposing Counsel Abrams that these deeds do not change the fact that my client believed that
25 either:
26 a) the signatures were forged, or
27 b) that the March 13, 2010 quitclaim deed that was recently recorded in
28
DECLARATION OF LENDEN F. WEBB IN SUPPORT OF PLAINTIFE’S
OPPOSITION TO DEFENDANT’S PETITION TO ALLOW PETITIONER/
DEFENDANT TO FILE A CROSS —- COMPLAINT AGAINST ATTORNEY FOR
CIVIL CONSPIRACY WITH CLIENT
-2-
2017 was stale dated and recorded against instructions and the agreement to only record
if the partnership payment of $141,000 was made by Complainant Ms. Tuon.
8. Moreover, I stated to Mr. Abrams that I understood that Mr. Emmett indicated he had
told Ms. Tuon to not record the deeds. This request by Mr. Emmett was made almost seven (7)
years ago since Ms. Tuon failed to perform and pay the $141,000 pursuant to the Partnership
Agreement.
9. Mr. Emmett has provided our office with a Partnership Agreement (attached hereto as
“Exhibit C”) signed by both Ms. Tuon and Mr. Emmett in which both Partners were to
contribute $141,000 to the Partnership. However, Mr. Emmett is alleging that the $141,000 was
10 never paid by Ms. Tuon. This issue disputes the Partnership authenticity from the onset.
of ML 10. Moreover, my office sent correspondence notifying the Fresno and Stockton tenants of
a2
<3-
saz 12 where to pay rent (sent to all Fresno and Stockton tenants) by our office is attached hereto as
Bes
Os
Re 13 “Exhibit D.” Since the deeds reflect my client’s name, it is understandable that my client
S£2
BES 14 would believe that he is the rightful owner of the property. Additionally, there is also a question
wzeg
Be
15 of the legitimacy of the deeds as my client feels that his signature was wrongfully used.
Be
16 11. It should be noted that Ms. Tuon has also been withholding rents too. It is based on our
17 understanding and belief that Mr. Emmett has not received all the rents from the Fresno and
18 Stockton properties. Mr. Emmett has claimed that these rents coming in for Mr. Emmett’s
19 properties is also his primary source of income.
20. 12. It is apparent that all the allegations made by Defendant, are also being committed by
221 Defendant, for example, Ms. Tuon has also been taking rent monies without dispersing them
22. 50/50 with Plaintiff.
23. I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct. Executed this 15th day of August, 2017 at San Diego, California.
25
26 By
LENDEN F. WEBB
tele
27
28
DECLARATION OF LENDEN F. WEBB IN SUPPORT OF PLAINTIFE’S
OPPOSITION TO DEFENDANT’S PETITION TO ALLOW PETITIONER/
DEFENDANT TO FILE A CROSS —- COMPLAINT AGAINST ATTORNEY FOR
CIVIL CONSPIRACY WITH CLIENT
-3-
EXHIBIT A
RECORDING REQUESTED BY.
22 CSS: Guer2 v4 C42
AND WHEN RECORDED Mall. THIS‘DEED AND, UNLESS OTHERWISE,
SHOWN BELOW, MAIL TAX STATEMENT TO: een fA VICE
Name
Streot JP EMMETT PROPERTY
Address. 5231 W CLINTON AVE
city& FRESNO, CA. 93722
State
Zip “Yess
Title Order No. Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER’S USE
T,360 LEGAL (1-94) Quitclaim Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $
unincorporated area C1] City of
Parcel No.
(i computed on full value of property conveyed, or
C computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE . CONSIDERATION, receipt of which is hereby acknowledged,
JESSE EMMETT, AN UNMARRIED MAN
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
JP EMMETT PROPERTY
the following described real property in the
county of ; State of California:
FRESNO
The following real property:
The real property in the City of Fresno, County of Fresno, State of California, described as Lot 29 of Church
Heights, according to the map thereof recorded October 6, 1941 in Book 12 Page 45 of Plats, Fresno County
Records.
Also Known as 2368 South Geneva Avenue, Fresno, CA 93706
AP# 478-253-29
ALL PARTNERS NEED TO SIGN BEFORE TITLE OR PROPERTY CAN BE TRANSFER
Dated 2010
. —>
5 2
‘
}ss. JESSE EMMETT
before me,
a Notary Public in and far id County and State, personally appeared
personally known to me (or proved to @ on the basis of satisfactory
evidence) tobe the person(s) whose nam is/are subscribed to the
within instrument and acknowledged to me tI he/she/they executed
the same in his/her/their authorized capacity(ies), al ihat by his/her/their
signature(s) on the instrument the person(s), or the upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature See _Abache. (This area for official notarial seal)
MAIL. Ti STA'TEMENTS: ARTY: SHOWN: ON: FOLLOWING. LINE: SHOWN, MAIL. AS RRET ER VE:
ean ana
State of California
County of Fresno
On_May 13 , 2010 before me, William L Hollifield, Notary Public, personally *
appeared Jesse Emmett
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged tonpethat he/sheAthey executed the same in
his/kerheir authorized capacityGes), and that by his/her/their signature(sj on the instrument the
person(g), or the entity upon behalf of which the person(#) acted, executed the instrument.
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.
=f WILLIAM L. HOLLIFIELD
COMM. #1810385
NOTARY PUBLIC - CA\ \LIFORNIA &=
FRESNO COUNTY
My Comm. Expires September 9, 2012
William L Hollifield? otary Public
EXHIBIT B
Fresno County Sheriff Crime Report
|, Case Report No. 170005110.1 Fresno County Sheriff
Report Subject: FRAUD - FRAUD
Report Date: 04/11/2017 09:07:00
Report Status: A - Approved 1
Page 1 of6
Case Details:
Code Description
PC 470(A) FORGERY(F)
PC 368(D) THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F)
Special Flags
Reporting Officer Assignment Date Entered Entered By
A722 - Thele, Katlyn A02 - FSO AREA 2 04/11/2017 09:07:22 A722 - Thele, Katlyn
PATROL
Occurred On Gang Involved Date Verified Verified By
01/01/2008 12:00:00 N-No 04/12/2017 22:56:14 6377 - RIPPE, DAVID
(and Between) Address of Incident CSZ Location of Incident
04/10/2017 11:17:00 5231 W Clinton AVE Fresno, CA 93722
Area Beat Zone Crime Pattern No
A2-L L11-L11 2245 - 2245
DUI Processing Agency DUI Processing Officer DUI! Agency Case Number
Means Motive
This Copy was prepared by th Si ity
Other Means
Othenilatvesrt's Office (date) i
Disposition
4- Active
Clearance Reason vate
the off
Salatiow Te EL cfs ile
ney
y not be revealed to any unauthorized
8,
Offense Detail: PC470(A) - FORGERY(F)
Code Description
470(A) FORGERY(F)
Offense Level Completed Crime Against Hate/Bias
F - Felony Y - Yes PR 88 - None (No Bias)
No. Prem. Entered Entry Method Offensive Act Force Level
Anti-Reproductive-Rights Domestic Violence Location Type Criminal Activity
N-No 20 - Residence/Home B - Buying/Receiving
Using Weapons Tools Used Type Security
Additional Offense Detail: PC368(D) - THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F)
Code Description
368(D) THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F)
Offense Level Completed Crime Against Hate/Bias
F - Felony Y-Yes PR 88 - None (No Bias)
No. Prem. Entered Entry Method Offensive Act Force Level
Anti-Reproductive-Rights Domestic Violence Location Type Criminal Activity
Using Weapons Tools Used Type Security
Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For: 0
Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, EMMETS aa?
Fresno County Sheriff Crime Report
Case Réport No. 170005110.1 Fresno County Sheriff
2
Report Subject: FRAUD - FRAUD
Report Date: 04/11/2017 09:07:00
Report Status: A - Approved
Page
2 of 6
Suspect S1: Tuon, Pholy
Name Alert(s)
Tuon, Pholy
AKA\(s)
Tuon, Phaly -
Address CSZ County Count
Fresno, CA 93706 Fresno USA - United States of America
Employment Type Occupation/Grade Employer/School
Resident of Jurisdiction Employer/Schoo! Phone Employer/School Address csz
R - Resident
DOB Age Race Sex Height Weight Ethnicity
39 D - Cambodian F - Female N - Not of Hispanic Origin
Hair Color Hair Length Hair Style Facial Hair Eye Color Complexion Build
Teeth Clothing Primary Language
EN - English
Scars/Marks/Tattoos
Location Description Photo
Gang Criteri:
Gang Related
Criteria
Contact Information
Type Phone/Email/Other
Identification
Gang ID MNI
Type Number Primary ID State Country Class Expiration Notes
NONE - None
Available
Parole/Probation Contacts
“Agency Agent Name Agent Phone
Relationships
ToWhom How
Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5050
Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41
Fresno County Sheriff Crime Report
|. Case Report No. 170005110.1 Fresno County Sheriff
Report Subject: FRAUD - FRAUD
Report Date: 04/11/2017 09:07:00
Report Status: A - Approved 3
Page
3 of 6
Victim V1: Emmett, Jesse Ray
Name Alert(s)
Emmett, Jesse Ray
AKA(s)
Victim Type Injury Circumstances Testify
| - Individual
Victim OF PC368(D) - THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F)
PC470(A) - FORGERY (F)
Home Address Home CSZ Home County Home Country
5231 W Clinton AVE Fresno, CA 93722 Fresno USA - United States of America
Mailing Address Mailing CSZ
Employment Type Occupation/Grade Employer/School
RE - Retired
Resident of Jurisdiction Employer/School Phone Employer/School Address CSZz
R - Resident
DOB Age Race Sex Height Weight Ethnicity
9/11/1943 64 W - White F - Female sai" 185lbs N - Not of Hispanic Origin
Hair Color Hair Length Hair Style Facial Hair Eye Color Complexion Build
GRY - Gray 01 - Clean BLU - Blue LGT - Light
Shaven
Teeth Clothing POB Primary Language
- EN - English
Scars/Marks/Tattoos |
Location Photo
Gang Criteria
Gang Related
Criteria
Contact Information
Phone
c “cell Phone 559 3
Identification
Gang ID
|
|
Type Number Primary t | Expiration Notes
DL - Driver's J0731649 Y - Yes
License fial
Number
Relationships
ToWhom How
Victim Offender Relationships
Offender Relationship
Parole/Probation Contacts
“Agency Agent Name Agent Phone
L.E.0.K.A Details
Type Assignment Activity Justifiable Homicide Circumstances
Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5051
Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41
Fresno County Sheriff Crime Report
Case Réport No. 170005110.1 Fresno County Sheriff
Report Subject: FRAUD - FRAUD
Report Date: 04/11/2017 09:07:00
Report Status: A - Approved
4
Page 4 0f6
Witness W1: Thammavongsa, Linda
Name Alert(s)
Thammavongsa, Linda
AKAGs)
Address csz County Country
Fresno, CA 93722 Fresno USA - United States of America
Mailing Address Mailing CSZ
Employment Type Occupation/Grade Employer/School
CE - Currently
Employed
Resident of Jurisdiction Employer/School Phone Employer/School Address csz
R - Resident
DOB Age Race Sex Height Weight Ethnicity
37 A - Other Asian F - Female 513" 165ibs N - Not of Hispani ic Origin
Hair Color Hair Length Hair Style Facial Hair Eye Color Complexion ui
BLK - Black BRO - Brown
Teeth Clothing Testify POB Primary Language
EN - English
Scars/Marks/Tattoos
Location Description Photo
Gang Criteri:
Gang Related
Criteria
Contact Information
Phone/Email/Other
Cece Phone
Identification
Gang ID MNI
Type Number Primary 1D State Country Class Expiration Notes
DL - Driver's Y-Yes CA- USA - United C -Non-
License California States of Commercial
Number America
Relationship:
ToWhom How
Parole/Probation Contacts
Agency Agent Name Agent Phone
Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5052
Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41
Fresno County Sheriff Crime Report
Case Report No. 170005110.1 Fresno County Sheriff
Report Subject: FRAUD - FRAUD
Report Date: 04/11/2017 09:07:00
Report Status: A - Approved 5
Page 5 of 6
Property Description Item 1: 2120 - Personal Check, Checkbook - Unendorsed - money
Case Item No Officer Item No. Description
1 1 money
Status Alert(s)
3 - Counterfeited/Forged
(incl. PC470/PC476/etc.)
Status Details:
Property Tag No. Recovered Date Disposition
170005110.1.A722.1
Property Code UCR Type Value Count
2120 - Personal Check, Checkbook - A- Currency, Notes, Etc... 0
Unendorsed
Manufacture Model Serial No. Owner/Misc No. License No.
Relationships:
Related To Related Type
V1 - Emmett, Jesse Ray LO - Legal Owner
Property Note:
Narrative
SOURCE:
On Monday, April 10, 2017, at about 1251 hours, Deputy Barba and | were dispatched to 5231 W Clinton Ave, in Fresno County,
regarding a possible fraud. | arrived at about 1311 hours, and contacted Jesse Emmett.
VICTIM:
Jesse Emmett stated he has been friends with Pholy Tuon for about 9 years, beginning in 2008. During their friendship they have
invested in properties together and she has acted as a property manager for their joint properties. Jesse gave her all the
information to his business and personal bank accounts, and all of his personal information. In January of 2017, Pholy asked
Jesse if she could put the properties under her name as well. This made Jesse suspicious, so he told Pholy he wanted to see all
of the rent money she collected, rent deposits, and financial paperwork from the last year showing all of the transactions at his
rental properties.
Jesse contacted his friend, Linda Thammavongsa, who has lived with Jesse for the past two years. Linda and Jesse started
looking into all of Jesse's bank accounts. They discovered Pholy had changed his current Chase Bank accounts to send the
statements to her address, at 1805 E Cambridge Ave. Pholy had also opened three (3) Chase credit cards, four (4) Home Depot
credit cards, and one (1) Capital One credit cards in Jesse's name. Jesse does not know exactly how much money was put on, or
taken from each of the accounts opened in his name, without his permission.
Jesse confronted Pholy on 4/8/2017, and asked to see all of the rent money, rent deposits and financial information for his rental
properties over the last year. Pholy replied that she collected the money, but did not have time to get the money or deposits
together to give to him. Jesse then told her he would be back with the Sheriff, and Pholy replied "Well | already got my bonus."
Jesse stated he did not know what she meant by a bonus. Pholy flew out to Cambodia on the evening of 4/8/2017, and previously
told him she planned to come back on 4/14/2017.
Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5053
Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41
Fresno County Sheriff Crime Report
Case Report No. 170005110.1 Fresno County Sheriff
6
Report Subject: FRAUD - FRAUD
Report Date: 04/11/2017 09:07:00
Report Status: A - Approved
Page 6 of6
Jesse estimated the total loss over nine (9) years was about $400,000 to $500,000. He does not know how much money was
taken on each of the credit cards, or how much money was taken from renters at his properties.
Jesse described Pholy as beinga small Cambodian female adult. Jesse is willing to testify.
WITNESS STATEMENT:
Linda Thammavongsa stated she has been living with Jesse for about two (2) years, and they maintain a platonic friendship.
Linda became suspicious of Pholy when Jesse told her Pholy wanted Jesse's properties put under her name. Linda began
helping Jesse look into his bank accounts, get a credit report, and run a background check on Pholy. Linda believes Pholy has
been stealing money from Jesse since 2008. Linda closed all of the accounts Pholy opened under Jesse's name that they are
aware of.
Linda stated Pholy has a business of her own under the names "Life Water," and "Life Travel." She discovered some of the
accounts opened in Jesse's name were also under the business "Life Water."
INVESTIGATION:
| contacted Jesse and Linda and obtained their statements.
Due to Pholy being out of the country, | was unable to make contact with her.
Jesse and Linda provided me with the paperwork they collected regarding Jesse's credit check, Pholy's background check,
Jesse's current bank accounts, and the accounts opened in his name that he did not know about.
-Chase:
Account# 4266 8413 8716 6646 Opened: 12/22/2016, Closed: 1/21/2017
Account # 4246 3152 2124 1738 Opened/Closed date unknown.
Account # 4266 8414 3346 1009 Opened: 12/26/2016, Closed: 1/25/2017
-Home Depot: (Home depot was only willing to provide the last four (4) of each account):
Account # 3495
Account # 9356
Account # 8631
Account # 8391
-Capital One:
No Account number available
Opened: 10/2016, Closed: 3/29/2017
Jesse wanted a report number for his bank. | provided him with a case number and Marsy's form.
EVIDENCE:
Documents were attached to the report.
ADDITIONAL INFORMATION:
NONE.
Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For: 0
Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 1 FMVENS Rat
EXHIBIT C
Partnership Agreement
THIS PARTNERSHIP AGREEMENT is made this 30 ay Cline 200% by and between
the following individuals:
Address: SA, 9 ¥ Qua.
JesSe Cmmett City/State/ZIPFSng
rre Cit 43722
“Fa 4 Tian Address: OS E.
City/State/ZIP: Fresno
mbyrdg
CH G3 703
Gus : :
1. Nature of Business. The partners listed above hereby agree that they
shall be considered partners in business
“Si lowing purpose:
- open ano fie lip da Rent fon a Ae Unamne.
2. Name. The partnership shall be conducted under the name of
IPE mme tt Poet maintain offices
at [STREET ADDRESS], [CITY, STATE, ZIP).SA3 / Ww
inten Ave
NO CH Gap2.
3. Day-To-Day Operation. The partners shall provide their full-time services and best
efforts on behalf of the
partnership. No partner shall receive a salary for services rendered to the partner
ship.
Each partner shall have
equal rights to manage and control the partnership and its business. Should
there be differences between the
partners concerning ordinary business matters, a decision shall be made
by unanimous vote. It is understood that
the partners may elect one of the partners to coi duct the day-to-day
business of the partnership; however, no
partner shall be able to bind the partnership by act or contract
to any liability exceeding $_ -3—__ without the
prior written consent of each partner.
4. Capital Contribution, The capital contribution of each partner to
the partnership shall consist of the following
property, services, or cash which each partner agrees to contrib
ute:
Name Of Partner Capital Agreed-Upon Cash % Share
Contribution
cless¢ (-mme 14) 847. 0£ Cash. SOA,
| 4 Huon LG), £GY0F Cis fo SON
The partnership shall maintain a capital account record for each partner;
should any partner’s capital account fall
below the agreed to amount, then that partner shall (1) have
his share of p: artnership profits then due and payable
applied instead to his capital account; and (2) pay any deficiency
to the p artnership if his share of partnership
profits is not yet due and payable or, if it is, his share is insuffi
cient to cancel the deficiency.
5. Profits and Losses. The profits and losses of the partnership shall be divided by
the partners according to a
mutually agreeable schedule and at the end of each calendar year
according to the proportions listed above.
6. Term/Termination. The term of this A greement shall be for a period
of 2, g years, unless the partners
mutually agree in writing to a shorter pi eriod. Should th € partners
hip be terminated by unanimous vote, the assets
and cash of the partnership shall be used to pay all creditors,
with the remaining amounts to be distributed to the
Partners according to their proportionate sh are.
7. Disputes. This Partnership Agreement shall be governed by the
laws of the State of A. Any disputes
arising between the partners as a result of this Agre ement shall
be settled by arbitration in accordance with the
rules of the American Arbitration Association and ij judgment
upon the award rendered may be entered in any court
having jurisdiction thereof.
EMMETF.5037
8. Withdrawal/Death of Partner,
In the event a partner withdraws or re
including death, the remaining p: artne tires from the Partnership for any
reason,
rs may continue to operate the Part
withdrawing partner shall be obi; ligat tnership using the same name. A
ed to give sixty (60) days’ prior wi ritte
withdraw or retire and shall be o| liga n notice of his/her intention to
ted to sell his/her interest in the Ppartne
in the partnership to any other pi arty ership. No partner shall transfer interest
without the written consent of the
partner(s) shall pay the withdray wing rem: ‘aining partner(s). The remainin
or retiring partner, or to the legal g
Partner, the value of his interes t in repr ‘esentative of the deceased or
the partnership, or (a) the sum of his disabled
him, (c) his proportionate share of cay Ipi ital account, (b) any unpaid loan
accrued net profits Temaining undi s due
interest in any prior agreed ap, weciation strib uted in his capital account.
in the value of the Partnership prop and-(d) his
good will shall be included in determin erty over its book value. No
ing the value of the Ppartner’s value for
interest.
9. Non-Compete Agreem ent, A partner who retires or with
indirectly engage in a business dra ws from the partnershi; ip shall not dire
which is or which would be com petitive ctly or
business of the Partnership for a period of with the existin, g or then anticipa
ted
currently doing or planning to do , in those of this State where the Partnership
business. is
IN WITNESS WHEREOF, the partners
enh
have duly executed this Agreement
hereinabove. on the day and year set forth
LoaE
Pinner Tes se Cyn matat Pee Poly Ton
ETIs603)
State of California
County of Fresno
On_wMay 13 » 2010 before me, William L Hollifield, Notary Public, personally ,
appeared Teste Framett and Chely Tien
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged tomethat he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Ke WILLIAM L. HOLLIFIELD
COMM. #1810385 3
ey IOTARY PUBLIC - CALIFORNIA S
Vs FRESNO COUNTY
lay Comm, Expires September 9, 2012
William L Hollifiel Notary Public
EXHIBIT D
WEBB LAW GROUP arc
ATTORNEYS AT LAW
6725 MESA RIDGE ROAD, SUITE 218
SAN DIEGO, CA 92121
‘TELEPHONE: 619.399.7700
FACSIMILE: 619.819.8400
www. WBLawGroup.com
LENDEN F. WEBB Email: LWebb@WBLawGroup.com
April 28, 2017
Via U.S. Mail and Certified Mail No. 7017 0530 0000 3353 6007
Tenant
2374 S. Geneva Avenue Apt A
Fresno, CA, 93706
Re: Change of Ownership and Contact Information
Notice to All Tenants
Dear Tenant,
Webb Law Group represents Mr. Jesse Emmett, the owner of your residence. Enclosed
herewith, p
Preview
E-FILED Lenden F. Webb (SBN 236377) 8/15/2017 3:29 PM WEBB LAW GROUP, APC FRESNO COUNTY SUPERIOR COURT 466 W. Fallbrook Ave., Suite 102 By: K. Daves, Deputy Fresno, CA 93711 Telephone: (559) 431-4888 Facsimile: (559) 821-4500 Email: LWebb@WBLawGroup.com Attorney for Plaintiff, JESSE EMMETT 6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL UNLIMITED DIVISION JESSE EMMETT, an individual, ) CASE NO.: 17CECG01566 10 Plaintiff, DECLARATION OF LENDEN F. WEBB i vs. IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S 12 2 PHOLY TUON, an individual; PETITION TO ALLOW and Does 1 through 25, inclusive, PETITIONER/DEFENDANT TO FILE A m@2é 13 Oss Ste CROSS — COMPLAINT AGAINST Bes Defendants. ATTORNEY FOR CIVIL CONSPIRACY 14 WITH CLIENT 15 me DATE: August 31, 2017 eS TIME: 3:30 16 DEPT: 402 7 18 I, Lenden F. Webb, Esq., declare as follows: 19 1, Tam an attorney licensed to practice law in the state of California. I am attorney at 20 Webb Law Group, APC., and am the attorney for Plaintiff, Jesse Emmett, an individual 221 (hereinafter referred to as “Plaintiff” or “Mr. Emmett’). 22 2. I make this Declaration on behalf of myself and Webb Law Group, APC., in Support of 23 the Plaintiff's Opposition to Defendant’s Petition to allow Petitioner/Defendant to file Cross- 24 Complaint Against Attorney for Civil Conspiracy with Client. 25 3. I have personal knowledge of the facts set forth herein and would competently testify if 26 called upon to do so. 27 28 DECLARATION OF LENDEN F. WEBB IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S PETITION TO ALLOW PETITIONER/ DEFENDANT TO FILE A CROSS — COMPLAINT AGAINST ATTORNEY FOR CIVIL CONSEIRA CY WITH CLIENT 1- 4. As part of the Complaint, we are challenging Defendant, Pholy Tuon’s ( hereinafter referred to as “Ms. Tuon” or “Defendant”) alleged “deeds” that would give her right to the Properties at issue, which is why a Lis Pendens to all properties have been recorded in both counties where the alleged partnership operated. 5. In sum, Mr. Emmett does not agree that he willfully and knowingly signed a quitclaim deed, giving up his interest in the 2368 South Geneva Avenue, Fresno, CA 93706 to Ms. Tuon. If he happened to sign it years ago, he contends it was not to be operative since Ms. Tuon never consummated the payment of the $141,000 that was promised and that she was instructed to not record the 2010 quitclaim. This quitclaim deed AP 478-253-29 is attached hereto as 10 “Exhibit A.” of ML 6. On May 8, 2017, the police called our office because of an issue involving Plaintiff and a2 <3- saz 12 Defendant (See “Exhibit B” for the incident number). Mr. Emmett and I went to the site and I Bes Os Re 13 left a voicemail with Ms. Tuon’s then-current attorney, telling him he should go to the site S£2 BES 14 because the police were involved in a confrontation between our clients. I arrived at the site and wzeg Be 15 discussed the situation with the tenants, Mr. Emmett, and Ms. Tuon who was there in person. Be 16 We told the tenants that there was a lawsuit and that Plaintiff believes that he is the legal owner 17 and that they should pay rent to Plaintiff. Ms. Tuon was there and chose not to speak. The 18 police officer was extremely knowledgeable as this was his territory and he knew my client, 19 and several of the tenants intimately. I do not remember addressing Ms. Tuon directly other 20. than to ask her if I could take a picture of the rent deposit receipt carbon copy of what she had 221 given to the newest tenant. 22. 7. On or around May 24, 2017, I did speak to Opposing Counsel Abrams regarding the 23. March 13, 2010 quitclaim deed and that it was recorded in 2017 (seven years later). I told 24 Opposing Counsel Abrams that these deeds do not change the fact that my client believed that 25 either: 26 a) the signatures were forged, or 27 b) that the March 13, 2010 quitclaim deed that was recently recorded in 28 DECLARATION OF LENDEN F. WEBB IN SUPPORT OF PLAINTIFE’S OPPOSITION TO DEFENDANT’S PETITION TO ALLOW PETITIONER/ DEFENDANT TO FILE A CROSS —- COMPLAINT AGAINST ATTORNEY FOR CIVIL CONSPIRACY WITH CLIENT -2- 2017 was stale dated and recorded against instructions and the agreement to only record if the partnership payment of $141,000 was made by Complainant Ms. Tuon. 8. Moreover, I stated to Mr. Abrams that I understood that Mr. Emmett indicated he had told Ms. Tuon to not record the deeds. This request by Mr. Emmett was made almost seven (7) years ago since Ms. Tuon failed to perform and pay the $141,000 pursuant to the Partnership Agreement. 9. Mr. Emmett has provided our office with a Partnership Agreement (attached hereto as “Exhibit C”) signed by both Ms. Tuon and Mr. Emmett in which both Partners were to contribute $141,000 to the Partnership. However, Mr. Emmett is alleging that the $141,000 was 10 never paid by Ms. Tuon. This issue disputes the Partnership authenticity from the onset. of ML 10. Moreover, my office sent correspondence notifying the Fresno and Stockton tenants of a2 <3- saz 12 where to pay rent (sent to all Fresno and Stockton tenants) by our office is attached hereto as Bes Os Re 13 “Exhibit D.” Since the deeds reflect my client’s name, it is understandable that my client S£2 BES 14 would believe that he is the rightful owner of the property. Additionally, there is also a question wzeg Be 15 of the legitimacy of the deeds as my client feels that his signature was wrongfully used. Be 16 11. It should be noted that Ms. Tuon has also been withholding rents too. It is based on our 17 understanding and belief that Mr. Emmett has not received all the rents from the Fresno and 18 Stockton properties. Mr. Emmett has claimed that these rents coming in for Mr. Emmett’s 19 properties is also his primary source of income. 20. 12. It is apparent that all the allegations made by Defendant, are also being committed by 221 Defendant, for example, Ms. Tuon has also been taking rent monies without dispersing them 22. 50/50 with Plaintiff. 23. I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. Executed this 15th day of August, 2017 at San Diego, California. 25 26 By LENDEN F. WEBB tele 27 28 DECLARATION OF LENDEN F. WEBB IN SUPPORT OF PLAINTIFE’S OPPOSITION TO DEFENDANT’S PETITION TO ALLOW PETITIONER/ DEFENDANT TO FILE A CROSS —- COMPLAINT AGAINST ATTORNEY FOR CIVIL CONSPIRACY WITH CLIENT -3- EXHIBIT A RECORDING REQUESTED BY. 22 CSS: Guer2 v4 C42 AND WHEN RECORDED Mall. THIS‘DEED AND, UNLESS OTHERWISE, SHOWN BELOW, MAIL TAX STATEMENT TO: een fA VICE Name Streot JP EMMETT PROPERTY Address. 5231 W CLINTON AVE city& FRESNO, CA. 93722 State Zip “Yess Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER’S USE T,360 LEGAL (1-94) Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ unincorporated area C1] City of Parcel No. (i computed on full value of property conveyed, or C computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE . CONSIDERATION, receipt of which is hereby acknowledged, JESSE EMMETT, AN UNMARRIED MAN hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JP EMMETT PROPERTY the following described real property in the county of ; State of California: FRESNO The following real property: The real property in the City of Fresno, County of Fresno, State of California, described as Lot 29 of Church Heights, according to the map thereof recorded October 6, 1941 in Book 12 Page 45 of Plats, Fresno County Records. Also Known as 2368 South Geneva Avenue, Fresno, CA 93706 AP# 478-253-29 ALL PARTNERS NEED TO SIGN BEFORE TITLE OR PROPERTY CAN BE TRANSFER Dated 2010 . —> 5 2 ‘ }ss. JESSE EMMETT before me, a Notary Public in and far id County and State, personally appeared personally known to me (or proved to @ on the basis of satisfactory evidence) tobe the person(s) whose nam is/are subscribed to the within instrument and acknowledged to me tI he/she/they executed the same in his/her/their authorized capacity(ies), al ihat by his/her/their signature(s) on the instrument the person(s), or the upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature See _Abache. (This area for official notarial seal) MAIL. Ti STA'TEMENTS: ARTY: SHOWN: ON: FOLLOWING. LINE: SHOWN, MAIL. AS RRET ER VE: ean ana State of California County of Fresno On_May 13 , 2010 before me, William L Hollifield, Notary Public, personally * appeared Jesse Emmett proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tonpethat he/sheAthey executed the same in his/kerheir authorized capacityGes), and that by his/her/their signature(sj on the instrument the person(g), or the entity upon behalf of which the person(#) acted, executed the instrument. 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. =f WILLIAM L. HOLLIFIELD COMM. #1810385 NOTARY PUBLIC - CA\ \LIFORNIA &= FRESNO COUNTY My Comm. Expires September 9, 2012 William L Hollifield? otary Public EXHIBIT B Fresno County Sheriff Crime Report |, Case Report No. 170005110.1 Fresno County Sheriff Report Subject: FRAUD - FRAUD Report Date: 04/11/2017 09:07:00 Report Status: A - Approved 1 Page 1 of6 Case Details: Code Description PC 470(A) FORGERY(F) PC 368(D) THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F) Special Flags Reporting Officer Assignment Date Entered Entered By A722 - Thele, Katlyn A02 - FSO AREA 2 04/11/2017 09:07:22 A722 - Thele, Katlyn PATROL Occurred On Gang Involved Date Verified Verified By 01/01/2008 12:00:00 N-No 04/12/2017 22:56:14 6377 - RIPPE, DAVID (and Between) Address of Incident CSZ Location of Incident 04/10/2017 11:17:00 5231 W Clinton AVE Fresno, CA 93722 Area Beat Zone Crime Pattern No A2-L L11-L11 2245 - 2245 DUI Processing Agency DUI Processing Officer DUI! Agency Case Number Means Motive This Copy was prepared by th Si ity Other Means Othenilatvesrt's Office (date) i Disposition 4- Active Clearance Reason vate the off Salatiow Te EL cfs ile ney y not be revealed to any unauthorized 8, Offense Detail: PC470(A) - FORGERY(F) Code Description 470(A) FORGERY(F) Offense Level Completed Crime Against Hate/Bias F - Felony Y - Yes PR 88 - None (No Bias) No. Prem. Entered Entry Method Offensive Act Force Level Anti-Reproductive-Rights Domestic Violence Location Type Criminal Activity N-No 20 - Residence/Home B - Buying/Receiving Using Weapons Tools Used Type Security Additional Offense Detail: PC368(D) - THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F) Code Description 368(D) THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F) Offense Level Completed Crime Against Hate/Bias F - Felony Y-Yes PR 88 - None (No Bias) No. Prem. Entered Entry Method Offensive Act Force Level Anti-Reproductive-Rights Domestic Violence Location Type Criminal Activity Using Weapons Tools Used Type Security Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For: 0 Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, EMMETS aa? Fresno County Sheriff Crime Report Case Réport No. 170005110.1 Fresno County Sheriff 2 Report Subject: FRAUD - FRAUD Report Date: 04/11/2017 09:07:00 Report Status: A - Approved Page 2 of 6 Suspect S1: Tuon, Pholy Name Alert(s) Tuon, Pholy AKA\(s) Tuon, Phaly - Address CSZ County Count Fresno, CA 93706 Fresno USA - United States of America Employment Type Occupation/Grade Employer/School Resident of Jurisdiction Employer/Schoo! Phone Employer/School Address csz R - Resident DOB Age Race Sex Height Weight Ethnicity 39 D - Cambodian F - Female N - Not of Hispanic Origin Hair Color Hair Length Hair Style Facial Hair Eye Color Complexion Build Teeth Clothing Primary Language EN - English Scars/Marks/Tattoos Location Description Photo Gang Criteri: Gang Related Criteria Contact Information Type Phone/Email/Other Identification Gang ID MNI Type Number Primary ID State Country Class Expiration Notes NONE - None Available Parole/Probation Contacts “Agency Agent Name Agent Phone Relationships ToWhom How Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5050 Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41 Fresno County Sheriff Crime Report |. Case Report No. 170005110.1 Fresno County Sheriff Report Subject: FRAUD - FRAUD Report Date: 04/11/2017 09:07:00 Report Status: A - Approved 3 Page 3 of 6 Victim V1: Emmett, Jesse Ray Name Alert(s) Emmett, Jesse Ray AKA(s) Victim Type Injury Circumstances Testify | - Individual Victim OF PC368(D) - THEFT OF ELDER/DEPENDENT ADULT (OVER $400)(IBR 23A)(F) PC470(A) - FORGERY (F) Home Address Home CSZ Home County Home Country 5231 W Clinton AVE Fresno, CA 93722 Fresno USA - United States of America Mailing Address Mailing CSZ Employment Type Occupation/Grade Employer/School RE - Retired Resident of Jurisdiction Employer/School Phone Employer/School Address CSZz R - Resident DOB Age Race Sex Height Weight Ethnicity 9/11/1943 64 W - White F - Female sai" 185lbs N - Not of Hispanic Origin Hair Color Hair Length Hair Style Facial Hair Eye Color Complexion Build GRY - Gray 01 - Clean BLU - Blue LGT - Light Shaven Teeth Clothing POB Primary Language - EN - English Scars/Marks/Tattoos | Location Photo Gang Criteria Gang Related Criteria Contact Information Phone c “cell Phone 559 3 Identification Gang ID | | Type Number Primary t | Expiration Notes DL - Driver's J0731649 Y - Yes License fial Number Relationships ToWhom How Victim Offender Relationships Offender Relationship Parole/Probation Contacts “Agency Agent Name Agent Phone L.E.0.K.A Details Type Assignment Activity Justifiable Homicide Circumstances Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5051 Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41 Fresno County Sheriff Crime Report Case Réport No. 170005110.1 Fresno County Sheriff Report Subject: FRAUD - FRAUD Report Date: 04/11/2017 09:07:00 Report Status: A - Approved 4 Page 4 0f6 Witness W1: Thammavongsa, Linda Name Alert(s) Thammavongsa, Linda AKAGs) Address csz County Country Fresno, CA 93722 Fresno USA - United States of America Mailing Address Mailing CSZ Employment Type Occupation/Grade Employer/School CE - Currently Employed Resident of Jurisdiction Employer/School Phone Employer/School Address csz R - Resident DOB Age Race Sex Height Weight Ethnicity 37 A - Other Asian F - Female 513" 165ibs N - Not of Hispani ic Origin Hair Color Hair Length Hair Style Facial Hair Eye Color Complexion ui BLK - Black BRO - Brown Teeth Clothing Testify POB Primary Language EN - English Scars/Marks/Tattoos Location Description Photo Gang Criteri: Gang Related Criteria Contact Information Phone/Email/Other Cece Phone Identification Gang ID MNI Type Number Primary 1D State Country Class Expiration Notes DL - Driver's Y-Yes CA- USA - United C -Non- License California States of Commercial Number America Relationship: ToWhom How Parole/Probation Contacts Agency Agent Name Agent Phone Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5052 Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41 Fresno County Sheriff Crime Report Case Report No. 170005110.1 Fresno County Sheriff Report Subject: FRAUD - FRAUD Report Date: 04/11/2017 09:07:00 Report Status: A - Approved 5 Page 5 of 6 Property Description Item 1: 2120 - Personal Check, Checkbook - Unendorsed - money Case Item No Officer Item No. Description 1 1 money Status Alert(s) 3 - Counterfeited/Forged (incl. PC470/PC476/etc.) Status Details: Property Tag No. Recovered Date Disposition 170005110.1.A722.1 Property Code UCR Type Value Count 2120 - Personal Check, Checkbook - A- Currency, Notes, Etc... 0 Unendorsed Manufacture Model Serial No. Owner/Misc No. License No. Relationships: Related To Related Type V1 - Emmett, Jesse Ray LO - Legal Owner Property Note: Narrative SOURCE: On Monday, April 10, 2017, at about 1251 hours, Deputy Barba and | were dispatched to 5231 W Clinton Ave, in Fresno County, regarding a possible fraud. | arrived at about 1311 hours, and contacted Jesse Emmett. VICTIM: Jesse Emmett stated he has been friends with Pholy Tuon for about 9 years, beginning in 2008. During their friendship they have invested in properties together and she has acted as a property manager for their joint properties. Jesse gave her all the information to his business and personal bank accounts, and all of his personal information. In January of 2017, Pholy asked Jesse if she could put the properties under her name as well. This made Jesse suspicious, so he told Pholy he wanted to see all of the rent money she collected, rent deposits, and financial paperwork from the last year showing all of the transactions at his rental properties. Jesse contacted his friend, Linda Thammavongsa, who has lived with Jesse for the past two years. Linda and Jesse started looking into all of Jesse's bank accounts. They discovered Pholy had changed his current Chase Bank accounts to send the statements to her address, at 1805 E Cambridge Ave. Pholy had also opened three (3) Chase credit cards, four (4) Home Depot credit cards, and one (1) Capital One credit cards in Jesse's name. Jesse does not know exactly how much money was put on, or taken from each of the accounts opened in his name, without his permission. Jesse confronted Pholy on 4/8/2017, and asked to see all of the rent money, rent deposits and financial information for his rental properties over the last year. Pholy replied that she collected the money, but did not have time to get the money or deposits together to give to him. Jesse then told her he would be back with the Sheriff, and Pholy replied "Well | already got my bonus." Jesse stated he did not know what she meant by a bonus. Pholy flew out to Cambodia on the evening of 4/8/2017, and previously told him she planned to come back on 4/14/2017. Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For:0 EMMETT 5053 Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 17, 2017 - 13:15:41 Fresno County Sheriff Crime Report Case Report No. 170005110.1 Fresno County Sheriff 6 Report Subject: FRAUD - FRAUD Report Date: 04/11/2017 09:07:00 Report Status: A - Approved Page 6 of6 Jesse estimated the total loss over nine (9) years was about $400,000 to $500,000. He does not know how much money was taken on each of the credit cards, or how much money was taken from renters at his properties. Jesse described Pholy as beinga small Cambodian female adult. Jesse is willing to testify. WITNESS STATEMENT: Linda Thammavongsa stated she has been living with Jesse for about two (2) years, and they maintain a platonic friendship. Linda became suspicious of Pholy when Jesse told her Pholy wanted Jesse's properties put under her name. Linda began helping Jesse look into his bank accounts, get a credit report, and run a background check on Pholy. Linda believes Pholy has been stealing money from Jesse since 2008. Linda closed all of the accounts Pholy opened under Jesse's name that they are aware of. Linda stated Pholy has a business of her own under the names "Life Water," and "Life Travel." She discovered some of the accounts opened in Jesse's name were also under the business "Life Water." INVESTIGATION: | contacted Jesse and Linda and obtained their statements. Due to Pholy being out of the country, | was unable to make contact with her. Jesse and Linda provided me with the paperwork they collected regarding Jesse's credit check, Pholy's background check, Jesse's current bank accounts, and the accounts opened in his name that he did not know about. -Chase: Account# 4266 8413 8716 6646 Opened: 12/22/2016, Closed: 1/21/2017 Account # 4246 3152 2124 1738 Opened/Closed date unknown. Account # 4266 8414 3346 1009 Opened: 12/26/2016, Closed: 1/25/2017 -Home Depot: (Home depot was only willing to provide the last four (4) of each account): Account # 3495 Account # 9356 Account # 8631 Account # 8391 -Capital One: No Account number available Opened: 10/2016, Closed: 3/29/2017 Jesse wanted a report number for his bank. | provided him with a case number and Marsy's form. EVIDENCE: Documents were attached to the report. ADDITIONAL INFORMATION: NONE. Date Entered: 04/11/2017 09:07:22 Date Verified: 04/12/2017 22:56:14 Printed For: 0 Entered By: A722 - Thele, Katlyn Verified By: 6377 - RIPPE, DAVID Printed: April 1 FMVENS Rat EXHIBIT C Partnership Agreement THIS PARTNERSHIP AGREEMENT is made this 30 ay Cline 200% by and between the following individuals: Address: SA, 9 ¥ Qua. JesSe Cmmett City/State/ZIPFSng rre Cit 43722 “Fa 4 Tian Address: OS E. City/State/ZIP: Fresno mbyrdg CH G3 703 Gus : : 1. Nature of Business. The partners listed above hereby agree that they shall be considered partners in business “Si lowing purpose: - open ano fie lip da Rent fon a Ae Unamne. 2. Name. The partnership shall be conducted under the name of IPE mme tt Poet maintain offices at [STREET ADDRESS], [CITY, STATE, ZIP).SA3 / Ww inten Ave NO CH Gap2. 3. Day-To-Day Operation. The partners shall provide their full-time services and best efforts on behalf of the partnership. No partner shall receive a salary for services rendered to the partner ship. Each partner shall have equal rights to manage and control the partnership and its business. Should there be differences between the partners concerning ordinary business matters, a decision shall be made by unanimous vote. It is understood that the partners may elect one of the partners to coi duct the day-to-day business of the partnership; however, no partner shall be able to bind the partnership by act or contract to any liability exceeding $_ -3—__ without the prior written consent of each partner. 4. Capital Contribution, The capital contribution of each partner to the partnership shall consist of the following property, services, or cash which each partner agrees to contrib ute: Name Of Partner Capital Agreed-Upon Cash % Share Contribution cless¢ (-mme 14) 847. 0£ Cash. SOA, | 4 Huon LG), £GY0F Cis fo SON The partnership shall maintain a capital account record for each partner; should any partner’s capital account fall below the agreed to amount, then that partner shall (1) have his share of p: artnership profits then due and payable applied instead to his capital account; and (2) pay any deficiency to the p artnership if his share of partnership profits is not yet due and payable or, if it is, his share is insuffi cient to cancel the deficiency. 5. Profits and Losses. The profits and losses of the partnership shall be divided by the partners according to a mutually agreeable schedule and at the end of each calendar year according to the proportions listed above. 6. Term/Termination. The term of this A greement shall be for a period of 2, g years, unless the partners mutually agree in writing to a shorter pi eriod. Should th € partners hip be terminated by unanimous vote, the assets and cash of the partnership shall be used to pay all creditors, with the remaining amounts to be distributed to the Partners according to their proportionate sh are. 7. Disputes. This Partnership Agreement shall be governed by the laws of the State of A. Any disputes arising between the partners as a result of this Agre ement shall be settled by arbitration in accordance with the rules of the American Arbitration Association and ij judgment upon the award rendered may be entered in any court having jurisdiction thereof. EMMETF.5037 8. Withdrawal/Death of Partner, In the event a partner withdraws or re including death, the remaining p: artne tires from the Partnership for any reason, rs may continue to operate the Part withdrawing partner shall be obi; ligat tnership using the same name. A ed to give sixty (60) days’ prior wi ritte withdraw or retire and shall be o| liga n notice of his/her intention to ted to sell his/her interest in the Ppartne in the partnership to any other pi arty ership. No partner shall transfer interest without the written consent of the partner(s) shall pay the withdray wing rem: ‘aining partner(s). The remainin or retiring partner, or to the legal g Partner, the value of his interes t in repr ‘esentative of the deceased or the partnership, or (a) the sum of his disabled him, (c) his proportionate share of cay Ipi ital account, (b) any unpaid loan accrued net profits Temaining undi s due interest in any prior agreed ap, weciation strib uted in his capital account. in the value of the Partnership prop and-(d) his good will shall be included in determin erty over its book value. No ing the value of the Ppartner’s value for interest. 9. Non-Compete Agreem ent, A partner who retires or with indirectly engage in a business dra ws from the partnershi; ip shall not dire which is or which would be com petitive ctly or business of the Partnership for a period of with the existin, g or then anticipa ted currently doing or planning to do , in those of this State where the Partnership business. is IN WITNESS WHEREOF, the partners enh have duly executed this Agreement hereinabove. on the day and year set forth LoaE Pinner Tes se Cyn matat Pee Poly Ton ETIs603) State of California County of Fresno On_wMay 13 » 2010 before me, William L Hollifield, Notary Public, personally , appeared Teste Framett and Chely Tien proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tomethat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Ke WILLIAM L. HOLLIFIELD COMM. #1810385 3 ey IOTARY PUBLIC - CALIFORNIA S Vs FRESNO COUNTY lay Comm, Expires September 9, 2012 William L Hollifiel Notary Public EXHIBIT D WEBB LAW GROUP arc ATTORNEYS AT LAW 6725 MESA RIDGE ROAD, SUITE 218 SAN DIEGO, CA 92121 ‘TELEPHONE: 619.399.7700 FACSIMILE: 619.819.8400 www. WBLawGroup.com LENDEN F. WEBB Email: LWebb@WBLawGroup.com April 28, 2017 Via U.S. Mail and Certified Mail No. 7017 0530 0000 3353 6007 Tenant 2374 S. Geneva Avenue Apt A Fresno, CA, 93706 Re: Change of Ownership and Contact Information Notice to All Tenants Dear Tenant, Webb Law Group represents Mr. Jesse Emmett, the owner of your residence. Enclosed herewith, p