Preview
E-FILED
ROBERT C. ABRAMS, ESQ., SBN: 262947 10/23/2017 3:59 PM
LAW OFFICE OF ROBERT C. ABRAMS FRESNO COUNTY SUPERIOR COURT
5412 N. Palm Avenue, Suite 101
Fresno, California 93704 By: C. Cogbum, Deputy
Telephone: (559) 431-9710
Facsimile: (559) 431-4108
Email: bob@rcabramslaw.com
Attorney for
PHOLY TUON
IN THE SUPERIOR COURT OF CALIFORNIA.
COUNTY OF FRESNO
10
gs 2s
11
JESSE EMMETT, an individual,
Plaintiff,
Case No. 17CECG01566
(SAN JOAQUIN COUNTY
SOBs
AD 12 SUPERIOR COURT [RELATED]
vs. Case No. STK-CV-URP-2017-5409
Bg 13
aoe
6 PHOLY TUON, an individual;
ets
CROSS-COMPLAINANT’S REQUEST
14 and DOES 1 through 25, inclusive FOR JUDICIAL NOTICE IN SUPPORT
ae OF EX-PARTE NOTICE AND
wy ay
15 Defendants. APPLICATION FOR:
Ba &
or
3" 16 AN ORDER TO SHOW CAUSE WHY
PHOLY TUON, an individual, PRELIMINARY INJUNCTION
17 SHOULD NOT ISSUE
Cross-Complainant,
18 AND A TEMPORARY RESTRAINING
vs. ORDER
19
JESSE EMMETT, an individual; LENDEN Date: Ociober 24, 2017
20 FRANKLIN WEBB aka LENDEN F. Time: 3:30pm
WEBB, an individual; WEBB LAW Dept: 402
21 GROUP, a California Professional Judge: Hon. Judge Hamilton
Corporation and ROES 1 through 15,
22 inclusive, Action Filed: May 5, 2017
23 Trial Date: September 8, 2017
Cross-Defendants.
24
25
Cross-Complainant, PHOLY TUON, hereby requests that the Court take judicial
26
notice, pursuant to Evidence Code §§ 452(d) and 453 of the following documents, of which
27
true and correct copies of which are attached hereto:
28
Verified Complaint- filed on May 8, 2017. Exhibit A
Verified First Amended Complaint filed on May 17, 2017. Exhibit B
Verified Cross-Complaint filed September 14, 2017. Exhibit C
DATED: October of 3 » 2017, LAW OFFICE OF ROBERT C. ABRAMS
10
ds 11 Robert C. Abrams
Attorney for
OBS
aD 12 PHOLY TUON
ag 13
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-2
PROOF OF SERVICE
STATE OF CALIFORNIA. )
COUNTY OF FRESNO )
Tam employed in the County of Fresno, State of California. I am
over the
18 and not a p to the within action; my business address is 5412 N. Palm Avenue, Suiteage o:
arty
Fresno, CA 93704. 101
On October?3_, 2017, I served the foregoing document described CROSS
COMPLAI INANT’S RE QUEST FOR JUDICIAL NOTICE IN SUPPORT -
PARTE NO TICE AND APPLICATION FOR: AN ORDER TO SHOW OF EX-
PRELIMIN. ARY INJUNCTION SHO ULD NOT ISSUE AND A TEMPORAR CAUSE WHY
RESTRAINING ORDER on the partie s in this action as follows: Y
BY OVERNIGHT DELIVERY: By placing true copies thereof
envelopes addressed as set forth belo ww. I caused such envelo; pe(s) with enclose d in sealed
overnight delivery
fees paid to be picked up by an overnight delivery carrier at Fresno, California.
10
BY MAIL: By placi: ni true copies thereof enclosed in sealed envelopes addressed
11
i as set
forth below. Iam rea ly familiar with the firm’s practice of collection and processing
correspondence for mailing. Under thatpractice, it would be deposited with
12 the US. Postal
Service on that same day with postage thereon fully prepaid at Fresno, Califor
ordinary course of business. I am aware that on motion of the party served, nia, in the
presumed invalid if postal cancellation date or Postage meter date is more than service ig
13
after date of deposit for mailing in affidavit. one day|
14
15 BY PERSONAL SERVICE: By placing true copies thereof enclosed in sealed
envelope(s) addres: sed as set forth below. I caused such envelope(s) to be delive
hand to the offices of the addressee(s). red by
16
BY FAX: I caused such document to be sent via facsimile transmission
17
the addressee(s) as set forth below: to the offices o:
18
XXX BY EMAIL: Upon agreement b y the parties to be served electronically,
document to be sent via electronic transmission to the email addressee(s) I caused such
19 as set forth below
20 Glen Gates, Esq. Lenden Webb, Esq.
Gates Law Group 466 W. Fallbrook Ave., Suite 102
21 2445 Capitol St. Fresno, CA 9371
Suite 160E lwebb@wblawgroup.com
22 Fresno, CA 93721
glen@gateslawgroup.com
23 eloisa@gateslawgroup.com Webb Law Group, APC
466 W. Fallbrook Ave., Suite 102
24 Fresno, CA 9371
office@whlawgroup.com
25
Executed on October2% , 2017, , at Fresno, California. I
26 perjury under the laws of the State of California that the foregoing is true declare under penalty o:
and correct.
27
Wook,
28 Cassan a Sheanh
PROOF OF SERVICE - 1
EXHIBIT A
E-FILED
Lenden F. Webb (SBN 236377) 5/8/2017
WEBB LAW GROUP, APC
466 W. Fallbrook Ave., Suite 102 FRESNO COUNTY SUPERIOR COURT
Fresno, CA 93711 By: T. Moua, Deputy
Telephone: (559) 431-4888
Facsimile: (55' 9 ) 821-4500
Email: LWebb@WBLawGroup.com
Attorney for Plaintiff, JESSE EMMETT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CIVIL UNLIMITED DIVISION
10
JESSE EMMETT, an individual, ) CASENO,; 17CECGO1566
of i}
Sz
<3-
Plaintiff, ) COMPLAINT FOR QUIET TITLE
AE 12
gh vs.
Re 13
a3 PHOLY TUON, an individual;
gc 14 and Does 1 through 25, inclusive,
ase 1S Defendants.
8 16
7 SS
18
COMES NOW, Plaintiff, ESSE EMMETT (hereinafter referred to as “Plaintiff” or
19
“Emmett”’) and hereby alleges as follows:
INTRODUCTION
24
1 At all times herein mentioned, JESSE EMMETT is an individual residing in the
2
County of Fresno, State of California.
2. Plaintiff is informed and believes and based on such information and belief
24
thereupon alleges that Defendant PHOLY TUON (hereinafter, “Defendant”) is an individual
25
residing in Fresno, State of California.
26
4 Plaintiff is informed and believes, and thereon alleges, that DOES 1 through 12
27
are persons, corporations, or other entities which reside ar are authorized to do and are doing
28
business in the State of California. The true identities of DOES 1 through 12 are currently
COMPLAINT FOR QUIET TITLE
-1-
unknown to Plaintiff; therefore Plaintiff now sues DOES 1 through 12 by fictitious names.
Plaintiff will amend this Complaint to state the proper names of each Doe Defendant when its
identity is discovered.
5 Plaintiffis informed and believes, and thereon alleges that DOES 13 through 25
are persons, corporations, or other entities which reside or are authorized to do and are doing
business in the State of California. The true identities of DOES 13 through 25 are currently
unknown to Plaintiff and therefore Plaintiff prays for leave to amend this Complaint to assert
the proper names of each Doe Defendant when its identity is discovered. Plaintiff is informed
and believes, and thereon allege, that DOES 13 through 25 were the managerial agent,
10: employee, predecessor, subsidiary successor, joint venturer, co-conspirator, alter ego, and/or
UL representative of each and every other Defendant named herein or identified as DOES 1
a.
saa 12 through 12, and acted with the permission, authorization and/or ratification and consent of
Re 13: each and every other Defendant at all relevant times herein.
4 6 Plaintiff is informed and believes, and thereon alleges, that each fictitiously
15: named Defendant, including DOES 9 through 17, is in some way responsible for, participated
16 in, or contributed to the matters of which Plaintiff complains of, and has legal responsibility
17 for those matters.
18, 7. Plaintiff is informed and believes and thereon alleges, that, at all relevant times,
19: each of the defendants, whether named or fictitious, was the agent or employee of each of the
other defendants, and in doing the things alleged to have been done in the complaint, acted
21 within the scope of such agency or employment, or ratified the acts of the other.
THE REAL PROPERTIES
{ 8. The subject real properties are situated in the State of California, County of
Fresno (hereinafter collectively referred to as “Properties”):
Property 1: 2368 S. Geneva Avenue, Fresno, CA 93706 (APN: 478-253-29) (The
complete legal description of this Property is attached hereto as “Exhibit 1”).
Property
2: 2374 S. Geneva Avenue, Fresno, CA 93706 (APN: 478-253-08) (The
28 complete legal description of this Property is attached hereto as “Exhibit 2”).
COMPLAINT FOR QUIET TITLE
-2-
Property 3: 2376 S. Geneva Avenue, Fresno, CA 93706 (APN: 478-253-09) (The
complete legal description of this Property is attached hereto as “Exhibit 3”).
Property 4: 2370 S. Geneva Avenue, Fresno CA 93706 (The complete legal
description of this Property is attached hereto as “Exhibit 4”). This property was
bought and titled in Defendant’s name but is a property that is shared between
Plaintiff and Defendant.
JURISDICTION
9. This Court has proper jurisdiction over this action as the real properties are so
situated and physically located within this California Superior Court’s Judicial District. (Cal
10 Code of Procedure Sec. 760.040(a)).
1 GENERAL FACTUAL ALLEGATIONS
12 10. As a preliminary affirmation, Plaintiff herein represents that there is no ongoing
B< 13 foreclosure proceeding in effect governing, conceming or relative to any of the Parties, herein
14 or as to subject real property.
15: 11. Plaintiff herein requests that the date of the judicial determination sought be that
Fg 16 of the date of the filing Complaint. (Cal Code of Civil Procedure Sec. 761.020(d)).
17 12. On or around June 30, 2009, Plaintiff and Defendant entered into a Partnership
18 Agreement (hereinafter “Partnership Agreement”) to “buy property and fix up to rent for a fix
19: income” (a true and correct copy of the Partnership Agreement is attached hereto as Exhibit
5”). Throughout the term of the Agreement, the Defendant would be responsible for managing
21 the properties at issue, however, the properties would remain under the ownership of Plaintiff.
13, On or around January 1, 2017, Defendant stopped transferring tenant rent
payments to Plaintiff. Defendant is informed and believes that Defendant is keeping these
monies in her possession without the permission of Plaintiff.
14, Defendant has wrongfully claimed a right and interest in Plaintiff's Properties.
As such, Plaintiff now wishes to take back the managerial control of the Properties to protect
any further procuring of Plaintiff’s monies by Defendant. However, Defendant has remained on
28 the properties through adverse possession and has been harassing tenant’s currently residing on
COMPLAINT FOR QUIET TITLE
-3-
Plaintiff's properties. Defendant is without any right whatsoever to the Properties. Defendant
has no title, estate, lien, or interest whatsoever in the Properties.
15. The Grant Deeds for each of the Properties mentioned herein are attached hereto
as detailed above, and made available for inspection, use and copying by any and all of the
Parties hereto.
CAUSE OF ACTION FOR QUIET TITLE
(Against all Defendants including DOES 1 — 25)
16. Plaintiff hereby realleges and incorporates herein by reference each and every
allegation
of paragraphs 1 through 15 as though the same were set forth wholly and fully
10 herein.
AL. 17. Plaintiff is the sole owner in fee simple of the Properties as a result of the Grant
2 deeds solely in his name.
BE 13: 18. On or around June 30, 2009, Plaintiff and Defendant entered into an Agreement
14 to “buy property and fix up to rent for a fix income.” Throughout the term of the Agreement,
Fe Is:
16
the Defendant would be responsible for managing the properties at issue, however, the
properties would remain under the ownership of Plaintiff.
IT 19. Defendant has wrongfully claimed a right and interest in Plaintiff's Properties.
18, As such, Plaintiff
now wishes to take back the managerial control of the Properties
to protect
19: any further procuring of Plaintiff's monies by Defendant. However, Defendant has remained
on the Properties through adverse possession and has been harassing tenant’s currently
21 residing on Plaintiff's properties. Defendant is without any right whatsoever to the Properties.
Defendant has no title, estate, lien, or interest whatsoever in the Properties.
20. Plaintiff seeks to quiet title in the Properties in his name free and clear of any
and all interests claimed by defendants, and each of them, as of the date of the filing of this
Complaint.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment in his favor and against Defendant as follows:
281
COMPLAINT FOR QUIET TITLE
-4-
For a Decree and or Order determining and granting Quiet Title for and to the benefit to
Plaintiff, as to Defendant, and to any adverse claims Defendant alleges to possess;
That Defendant be forever enjoined from asserting estate, right, title or interest to
subject Properties;
For prejudgment and post judgment interest;
For such additional and further relief as the Court may deem just and reasonable;
For such reasonable costs of suit.
Dated: May _5__, 2017 ‘WEBB LAW GROUP, APC
10
<3.
cas
iL
By,
LENDEN F. WEBB
Ee
12
Attomey for Plaintiff
13: JESSE EMMETT
14
5S
15:
16
17
18
19:
20,
21
28
COMPLAINT FOR QUIET TITLE
-5-
I, JESSE EMMETT declare under penalty of perjury under the laws of the State of
California as follows:
1am a party in the above matter. I have read the foregoing COMPLAINT FOR
QUIET TITLE and know its contents, and the same is true of my own knowledge, except as to
those matters which are stated upon my information and belief, and as to those matters, I
believe
them to be true.
Executed this G° day of May 2017, at Snags, California,
10
it JESSE EMMETT
3: 12
13
14
a3 is
3% i6
i7
1B
19
ai
-6-
EXHIBIT 1
G~
.
RECORDING REQUESTED BY AGounty RaRecorder
First American Title Company
Robert¢.
AND WHEN RECORDED MAIL DOCUMENT TO: Doc- 2010-004641 1
Jesse Emmett Rect 5-First American Title Insurance Company
5231 West Clinton Monday, APR 12, 2810 08:00:00
Fresno, CA 93722
Tt Pd $86.80 Nbr-0003193689
1268 Gaonewa Chee DJG/RG6/1-
Zune, C4 B72 space Above This Line for Recorder’s Use Only
AP.N.: 478-253-29 File No.: 1004-3484912 (JS)
GRANT DEED
‘The Undersigned Gear) Declares), DOCUMENTARY TRANSFER TAX $74,80, CITY TRANSFER TAX §,
‘SURVEY MONUMENT FEE
[ * ] vomputed en the conaeraton or ul value of property conveyed, OR
[ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at ume of sale,
c ] unincorporated area, [ X } City
of Fresno, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Bank Of New York Melion
Fka The Bank Of New York As Trustee For The Certificateholders Cwalt, Inc Alternative Loan Trust
2005-76 Mortgage Pass-through Certificates, Series 2005-76
hereby GRANTS to Jesse Emmett, an unmarried man
the following described property in the City of Fresno, County of Fresno, State of California:
LOT 29 OF CHURCH HEIGHTS, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 12 PAGE 45 OF PLATS, FRESNO
COUNTY RECORDS.
Mail Tax Statements To SAME AS ABOVE
+ EMMETT 5212
APN: 478-253-29 "Grant Deed - continued File No.:1004-3484912 (3S)
Date: 03/29/2010
Dated: __03/29/2030
The Bank Of New York Mellon Fka The Bank
Of New York As Trustee For The
Certificateholders Cwalt, Inc Alterative Loan
Trust 2005-76 Mortgage Pass-through
Certificates, Series 2005-76
By Bank Of America, Servic! LP, fka Countrywide Home Loans
‘Servicing
LP As Attomey i
P
LES
Bogartz
Ld Ndi
STATE OF CA
COUNTY OF Ventura,
On March 30, 2010 before me, K Gould Notary
Public, personally appeared ___Susan Bogart:
who proved to me on the basis of satisfactory evidence to
be the persoi whose nai
executed
the same
bscribed
her/thenauthonized ca}
the instrument the persop¢sy, or the entity upon behalf
acto
), and that
of which the persoptstai
toner
to the wiathin mstrument and acknowl jed tome that
er she ‘signatui
, executed the
in
rete
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s
true and correct.
WITNESS my hand and official seal.
K. GOULD
Commission # 1739697
Notary Public - California
Ventura County iE
MyComm Expres
Apr 17,2011
My Commussion Expires: _Apni 17,2011 This area for offical notarial seal
e:___&
Notary NamGould SS NOtary Phronies__2805-520-5100
Notary Registration Number:. County of Principal Place of Business: Ventura,
CA
Page
2 of 2
EMMETT 5213
EXHIBIT 2
» LSi TITLE AGENGY, INC. as
HAA A
t oon
RECORDING REQUESTED BY:
LPS Default Title and Closing
founty Recorder
AND WHEN RECORDED MAIL TO: Pert C
Jesse Er ot a Doc" 2009-0089449
Check Number 415947
Tuesday, JUN 30, 2009 15:48:14
Fresno, Gh 42q" Tel Pd $86.00 Nbr~0003021920
RGR/R4/1
THIS SPACE FOR RECORDER’ ONLY”
‘Title Order No.: K836598 Escrow No.: 001227-KS
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $77 00
[X] computed on full value of property conveyed, or
[ } computed on full value fess value of liens or encumbrances remaining at time of sale
[ | Unincorporated area [X] City of Fresno AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HSBC Bank USA, National Association as Trustee for Opteum Mortgage Acceptance Corporation, Asset
Backed Pass Through Certificates, Series 2005-1
hereby GRANT(s) to
Jesse Emmett an Unmarried Man
the real property in the City of Fresno, County of Fresno, State of Califorma, described as
Lot 31 of Church Heights, according to the map thereof recorded October6, 1941 in Book 12 Page 45 of Plats,
Fresno County Records
Also Known as 2374 South Geneva Avenue, Fresno, CA 93706
AP## 478-253-08
DATED June 24, 2009
STATE OF FLORIDA. HSBC Bank USA, National Association as Trustee for
COUNTY OF, Opteum Mortgage Acceptance Corporation, Asset
Backed Pass Through Certificates, Series 2005-1
badae
before m
ER, POs in-and psa Siotepersonally appeared
who proved to ma on the basis of sabsfactory evidence tobe By
the person(s) whose name(s) is/are subscnbed to the within (etitore.Ml aipany, its attorney in fact
insitument and acknowl to me that he/she/they
executed the same in his/her/their authonzed capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) Ne CHORE ey
|, executed the instrument
J certify under PENALTY OF PERJURY under the laws of the State W DEBBIE CREAMER.
of Califormia
that the paragraph
1s true and correct Notary Public- State of Flonda
‘WITNESS my hand and official seal
E = My Commsion Expres Feb 27,2012
* Commissite ‘# DD 730804
in gh National Notary Assn
MA\L TAX STATEMENTS TO PARTY SHOWN BELOW, IF NO PARTY S$ HORAN, ti DIRECTED ABO\
EMMETT 5214
EXHIBIT 3
=S! TITLE AGENCY,
INC.
RECORDING REQUESTED BY:
‘LPS Default Title and Closing
i tga uu
ty Recorder .
AND WHEN RECORDED MAIL TO: Robert C. Werner
Jesse Emmett
DOC- 2009-00839452
3765 Geneva fue:
Check Number 415947
Tuesday, JUN 30, 2009 15:48:48
Tel Pd $91.50 Nor-0003021923
Fresno
, Ca. GG RGR/R4/1-1
GBF Oe THIS. PACE FOR RECORDER'S USE ONLY.
Title Order No.: K833180 Escrow No,: 001228-KS
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX 's $7-00—
[X} computed on full value of property conveyed, or
BS
{ ] computed on full value less. value of liens or encumbrances remaining at time of sale
[ ] Unincorporated area [X] City of Fresno AND.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HSBC Bank USA, National Association as Trustee for Opteum Mortgage Acceptance Corporation, Asset
Backed Pass Through Certificates Series 2005-1
hereby GRANT(s) to
Jesse Emmett. an Unmarried Man
the real property in the City of Fresno, County of Fresno, State of California, descnbed as.
Lot 32 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 2376 South Geneva Avenue, Fresno, CA 95210
AP# 478-253-09
DATED June 24, 2009
STATE OF FLORIDA HSBC Bank USA, National Association as Trustee for
COUNTY OF Opteum Mortgage Acceptance Corporation, Asset
e-a4¢- dF Backed Pass Through Certificates Senes 2005-1
before me, Qe bfec,(
ANetary Public lyappeared
Ln iv an
wha proved tp me on the basis of satisfactory evidence tobe By"
the person(s) whose name(s) is/are subscribed to the within EverHome Mi its attorney in fact
instrument and acknowledged to me that he/she/they
executed the same in his/her/therr authonzed capacity(tes),
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
{certify under PENALTY OF PERJURY under the laws of the State ay W DEBBIE CREAME| R
‘of Califorma that the foregoing paragraph 1s true and correct Res
lolary Pubke - State of Florida
WITNESS my hand and official seal
)Ey ‘Commission
Expires Feb 27, 2012]
4) bible eae
walt TAX STATEMENTS TO PARTY SHOWN BELOW, IF NO PARTY SHO\
Comonssion
(Se ih
Dif
# DD 730804
National Notary Assn
Oy
EMMETT 5215
EXHIBIT 4
2370S Geneva Ave, FRESNO, CA - Owner: Pholy Tuon. Page 1 of 2
« You are here:
of
* States/
* California/
* Fresno/
* 2370 S Geneva Ave
2370 S Geneva Ave
Fresno, CA 93706 $ 80,548
Treo bEpte
A Court Records: 3 sources found ~
Owner Name Pholy Tuon
Address 2370 S Geneva Ave
City Fresno
State CA
Zip Code 93706
Land Use Resid. Apartments
Land Size 0,136 acres
Appraised Value $80548
Assessed Value $80548
Legal Description Fre:47825330
[5 Adchoie!
2370 S Geneva Ave is a parcel of land located in Fresno, CA and has a legal description provided by
the local assessor of FRE:47825330. The Arivify.com account number for this parcel is FRE-
47825330. .
This parcel is owned by Pholy Tuon and can be described as a Resid. Apartments.
The estimated
market value of this property is $80548 and the the building value is an estimated
$64,440.
For more information regarding 2370S Geneva Ave including construction
details, assessments,
previous owners, and sales data please look below.
EMMETT 6057
htine://aranu arhrife pam /aranert: sanrch/D ACW SIG ainars
2370 S Geneva Ave, FRESNO, CA - Owner: Pholy Tuon Page 2 of 2
Construction Details
Building 1
Living Area 2250 sq/ft
Replacement Cost $80548
Year Built 1963
Building Value $64,440
Building Attributes
Assessor Paul Dictos, Assessor
Building Area 2,250
Building Class D
Garage Size 600
Improvement Percentage 80%
Improvement Value $64,440
Land Value $16,108
Legal Description Lot 30 Church Heights
Number Of Units 3
Price Per Sqft $59.11
Stories 1.0
Use Description Resid, Apartments
Assessments
Year Value
2015 $80548
Recent Sales
Owner Name Sale Date Sale Price
04/09/2010 $133000
04/24/2009 $90000
03/02/2005 $240000
EMMETT 5058
httos://www.arivifv.com/nronertv/search/RaCDv5IGS: 4/0/9017
2370 S Geneva Ave, Fresno, CA 93706 | Zillow Page
1 of 1
Price History” Tax History. :
~
Find assessor information on the
county website
PROPERTY TAX
YEAR CHANGE CHANGE
TAXES ASSESSMENT
2015 $1,039 -- = $80,548 +2.0%
2014 $1,039 +2,.3% +2.3% $78,971 +0.5%
2013 $1,015 +2.1% +2.1% $78,615 +2.0%
2012 $995 -- -- $77,074 +2.0%
2011 $995 +0.5% +0.5% $75,563 +0.8%
2010 $990 -44.7% -44,.7% $75,000 -46.4%
2009 $1,791 -28.8% -28.8% $140,000 -34.9%
2008 $2,514 -- -- $215,000
Less “~
v
EMMETT 5059
hittps://www.zillow.com/homes/2370-S-geneva-Ave-fresno-ca-93706 rb/?fromHomePage... 4/16/2017
Page
1 of 2
The information for the properties searched for below reflects the value as of January 1, 2016 (the lien
date) for the 2016-2017 tax year. The 2016-17 property tax bill is based on the Taxable Value
shown below.
Parcei Number Search
fave - 55-0
| Submi|
(0g. 423-284-37)
Address Search
Street# — Direction Street Name City
TMT ~ _ [FRESNO “PA Submit]
Assessed Value
Land: 16,353
Imps/TFI: 65,422
Personal Property: o
Mobile Home:
Total: 81,775
Lien Date Value as of January 1, 2016 for the 2016-2017 tax year.
Does not reflect any subsequent changes.
Parcel Number: 478-253-30 Location: 2370 S GENEVA FRESNO
Parcel Size: Building Class: DO45A
First Floor Size: 2,250 Year: 1963
Second Floor Size: Garage Size: 600
|Add Size: Pool: NO
EMMETT 5080
http://www2.co.fresno.ca.us/0420/pvaldev/ParcelLookup.aspx?SearchType=0&Book=478... 4/16/2017
Page 2 of 2
R&T 408.3(d) NEITHER THE COUNTY NOR THE ASSESSOR SHALL INCUR ANY
LIABILITY FOR ERRORS, OMISSIONS, OR APPROXIMATIONS WITH RESPECT TO
PROPERTY CHARACTERISTICS INFORMATION PROVIDED BY THE ASSESSOR TO ANY
PARTY PURSUANT TO THIS SECTION.
The Factored Base Year (Prop. 13) Value in the "Proposition 13 Value" row is based on the market value of
your property when it was acquired, plus any new construction, plus an inflation factor of no more than 2%
per year. Sometimes the market value of a property falls below its Prop 13 value. Prop. 8 allows the
Assessor to enroll temporary declines in value.
The Prop. 8 value represents the estimated market value of your property as of the lien date. Once
reduced, each property's value must be reviewed annually on January 1 to compare its current market.
value to its Prop. 13 value. The lower of the 2 values will become the taxable value for that year. While the
Prop. 13 value can increase no more than 2% each year, there Is no such limitation on the Prop 8 value.
Therefore, the taxable value may increase or decrease more than 2% each year, but your assessment can
not exceed your Prop. 13 value. Once the market value exceeds the Prop. 13 value, the Assessor will
restore your Prop. 13 value as the assessed value.
If you have evidence that the assessment is not an accurate valuation of your property as of January 1. you
have the right to file an Assessment Appeal from July 2nd through November 30. Further information and
forms are available from the Clerk to the Board at in the Hall of Records, Room 301.
EMMETT 5064
hittp://www2.co.fresno.ca.us/0420/pvaldev/ParcelLookup.aspx?SearchType=0&Book=478... 4/16/2017
EXHIBIT 5
Parinership Agreement
3 @ __ day ofGuat.
THIS PARTNERSHIP AGREEMENT is made this_ 200% by and between
the following individuals:
saree: Conlon
SAB) IW: Ave.
Jesse Emmett City/State/ZIP:Eresna CH 43202
“Hho Ly Ton Address:
City/State/ZIP
bevel Que
1. Natureof Bi usiness. The panes Iisied above hereby agree that they shall be considered partners in business
fo he fol cing purpo;
NQede} BANA LD En. LD LVULD
2. Name. The partnership shall be conducted under the name
at [STREET ADDRESS], (CITY, STATE, ZIP].SA3 / W-
mesno
were onc t
CH 42a7-aAQ
ts
in
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 partnership. 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 conduct the day-to-day business of the pi artnership; however,
partner shall be able to bind the partnership by act or contract to any liability exceeding §, a without the
prior written consent of each partner.
. 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 contribute:
Name Of Partner Capital Agreed-Upon Cash % Share
Contribution
2 bx 14) SAF OF Cash SO%,
J wy Tan 14), fet orl Cech S2%
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 partnership profits then due and payable
applied instead to his capital account; and (2) pay any deficiency to the partnership if his share of partnership
profits is not yet due and payable or, if it is, his share is insufficient to cancel the deficiency.
5. Profitsand 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/T ination. ‘The term of this Agreement shall be for a period of 22.6 years, unless the partners
mutually agree in writing to a shorter period. Should the partnership be terminated by unanimons 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 share.
7. Disputes. This Partnership Agreement shall be governed by the laws of the State of _.4-_. Any disputes
arising between the partners as a result of this Agreement shall be settled by arbitration in accordance with the
rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court
having jurisdiction thereof.
ae 5S
a
8, Withdrawal/Death of Parmer. In the event a partner withdraws or retires from the partnership for any reason,
Preview
E-FILED ROBERT C. ABRAMS, ESQ., SBN: 262947 10/23/2017 3:59 PM LAW OFFICE OF ROBERT C. ABRAMS FRESNO COUNTY SUPERIOR COURT 5412 N. Palm Avenue, Suite 101 Fresno, California 93704 By: C. Cogbum, Deputy Telephone: (559) 431-9710 Facsimile: (559) 431-4108 Email: bob@rcabramslaw.com Attorney for PHOLY TUON IN THE SUPERIOR COURT OF CALIFORNIA. COUNTY OF FRESNO 10 gs 2s 11 JESSE EMMETT, an individual, Plaintiff, Case No. 17CECG01566 (SAN JOAQUIN COUNTY SOBs AD 12 SUPERIOR COURT [RELATED] vs. Case No. STK-CV-URP-2017-5409 Bg 13 aoe 6 PHOLY TUON, an individual; ets CROSS-COMPLAINANT’S REQUEST 14 and DOES 1 through 25, inclusive FOR JUDICIAL NOTICE IN SUPPORT ae OF EX-PARTE NOTICE AND wy ay 15 Defendants. APPLICATION FOR: Ba & or 3" 16 AN ORDER TO SHOW CAUSE WHY PHOLY TUON, an individual, PRELIMINARY INJUNCTION 17 SHOULD NOT ISSUE Cross-Complainant, 18 AND A TEMPORARY RESTRAINING vs. ORDER 19 JESSE EMMETT, an individual; LENDEN Date: Ociober 24, 2017 20 FRANKLIN WEBB aka LENDEN F. Time: 3:30pm WEBB, an individual; WEBB LAW Dept: 402 21 GROUP, a California Professional Judge: Hon. Judge Hamilton Corporation and ROES 1 through 15, 22 inclusive, Action Filed: May 5, 2017 23 Trial Date: September 8, 2017 Cross-Defendants. 24 25 Cross-Complainant, PHOLY TUON, hereby requests that the Court take judicial 26 notice, pursuant to Evidence Code §§ 452(d) and 453 of the following documents, of which 27 true and correct copies of which are attached hereto: 28 Verified Complaint- filed on May 8, 2017. Exhibit A Verified First Amended Complaint filed on May 17, 2017. Exhibit B Verified Cross-Complaint filed September 14, 2017. Exhibit C DATED: October of 3 » 2017, LAW OFFICE OF ROBERT C. ABRAMS 10 ds 11 Robert C. Abrams Attorney for OBS aD 12 PHOLY TUON ag 13 as ofs ac 14 wma 15 Ba aS & or 3° 16 17 18 19 20 21 22 23 24 25 26 27 28 -2 PROOF OF SERVICE STATE OF CALIFORNIA. ) COUNTY OF FRESNO ) Tam employed in the County of Fresno, State of California. I am over the 18 and not a p to the within action; my business address is 5412 N. Palm Avenue, Suiteage o: arty Fresno, CA 93704. 101 On October?3_, 2017, I served the foregoing document described CROSS COMPLAI INANT’S RE QUEST FOR JUDICIAL NOTICE IN SUPPORT - PARTE NO TICE AND APPLICATION FOR: AN ORDER TO SHOW OF EX- PRELIMIN. ARY INJUNCTION SHO ULD NOT ISSUE AND A TEMPORAR CAUSE WHY RESTRAINING ORDER on the partie s in this action as follows: Y BY OVERNIGHT DELIVERY: By placing true copies thereof envelopes addressed as set forth belo ww. I caused such envelo; pe(s) with enclose d in sealed overnight delivery fees paid to be picked up by an overnight delivery carrier at Fresno, California. 10 BY MAIL: By placi: ni true copies thereof enclosed in sealed envelopes addressed 11 i as set forth below. Iam rea ly familiar with the firm’s practice of collection and processing correspondence for mailing. Under thatpractice, it would be deposited with 12 the US. Postal Service on that same day with postage thereon fully prepaid at Fresno, Califor ordinary course of business. I am aware that on motion of the party served, nia, in the presumed invalid if postal cancellation date or Postage meter date is more than service ig 13 after date of deposit for mailing in affidavit. one day| 14 15 BY PERSONAL SERVICE: By placing true copies thereof enclosed in sealed envelope(s) addres: sed as set forth below. I caused such envelope(s) to be delive hand to the offices of the addressee(s). red by 16 BY FAX: I caused such document to be sent via facsimile transmission 17 the addressee(s) as set forth below: to the offices o: 18 XXX BY EMAIL: Upon agreement b y the parties to be served electronically, document to be sent via electronic transmission to the email addressee(s) I caused such 19 as set forth below 20 Glen Gates, Esq. Lenden Webb, Esq. Gates Law Group 466 W. Fallbrook Ave., Suite 102 21 2445 Capitol St. Fresno, CA 9371 Suite 160E lwebb@wblawgroup.com 22 Fresno, CA 93721 glen@gateslawgroup.com 23 eloisa@gateslawgroup.com Webb Law Group, APC 466 W. Fallbrook Ave., Suite 102 24 Fresno, CA 9371 office@whlawgroup.com 25 Executed on October2% , 2017, , at Fresno, California. I 26 perjury under the laws of the State of California that the foregoing is true declare under penalty o: and correct. 27 Wook, 28 Cassan a Sheanh PROOF OF SERVICE - 1 EXHIBIT A E-FILED Lenden F. Webb (SBN 236377) 5/8/2017 WEBB LAW GROUP, APC 466 W. Fallbrook Ave., Suite 102 FRESNO COUNTY SUPERIOR COURT Fresno, CA 93711 By: T. Moua, Deputy Telephone: (559) 431-4888 Facsimile: (55' 9 ) 821-4500 Email: LWebb@WBLawGroup.com Attorney for Plaintiff, JESSE EMMETT SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL UNLIMITED DIVISION 10 JESSE EMMETT, an individual, ) CASENO,; 17CECGO1566 of i} Sz <3- Plaintiff, ) COMPLAINT FOR QUIET TITLE AE 12 gh vs. Re 13 a3 PHOLY TUON, an individual; gc 14 and Does 1 through 25, inclusive, ase 1S Defendants. 8 16 7 SS 18 COMES NOW, Plaintiff, ESSE EMMETT (hereinafter referred to as “Plaintiff” or 19 “Emmett”’) and hereby alleges as follows: INTRODUCTION 24 1 At all times herein mentioned, JESSE EMMETT is an individual residing in the 2 County of Fresno, State of California. 2. Plaintiff is informed and believes and based on such information and belief 24 thereupon alleges that Defendant PHOLY TUON (hereinafter, “Defendant”) is an individual 25 residing in Fresno, State of California. 26 4 Plaintiff is informed and believes, and thereon alleges, that DOES 1 through 12 27 are persons, corporations, or other entities which reside ar are authorized to do and are doing 28 business in the State of California. The true identities of DOES 1 through 12 are currently COMPLAINT FOR QUIET TITLE -1- unknown to Plaintiff; therefore Plaintiff now sues DOES 1 through 12 by fictitious names. Plaintiff will amend this Complaint to state the proper names of each Doe Defendant when its identity is discovered. 5 Plaintiffis informed and believes, and thereon alleges that DOES 13 through 25 are persons, corporations, or other entities which reside or are authorized to do and are doing business in the State of California. The true identities of DOES 13 through 25 are currently unknown to Plaintiff and therefore Plaintiff prays for leave to amend this Complaint to assert the proper names of each Doe Defendant when its identity is discovered. Plaintiff is informed and believes, and thereon allege, that DOES 13 through 25 were the managerial agent, 10: employee, predecessor, subsidiary successor, joint venturer, co-conspirator, alter ego, and/or UL representative of each and every other Defendant named herein or identified as DOES 1 a. saa 12 through 12, and acted with the permission, authorization and/or ratification and consent of Re 13: each and every other Defendant at all relevant times herein. 4 6 Plaintiff is informed and believes, and thereon alleges, that each fictitiously 15: named Defendant, including DOES 9 through 17, is in some way responsible for, participated 16 in, or contributed to the matters of which Plaintiff complains of, and has legal responsibility 17 for those matters. 18, 7. Plaintiff is informed and believes and thereon alleges, that, at all relevant times, 19: each of the defendants, whether named or fictitious, was the agent or employee of each of the other defendants, and in doing the things alleged to have been done in the complaint, acted 21 within the scope of such agency or employment, or ratified the acts of the other. THE REAL PROPERTIES { 8. The subject real properties are situated in the State of California, County of Fresno (hereinafter collectively referred to as “Properties”): Property 1: 2368 S. Geneva Avenue, Fresno, CA 93706 (APN: 478-253-29) (The complete legal description of this Property is attached hereto as “Exhibit 1”). Property 2: 2374 S. Geneva Avenue, Fresno, CA 93706 (APN: 478-253-08) (The 28 complete legal description of this Property is attached hereto as “Exhibit 2”). COMPLAINT FOR QUIET TITLE -2- Property 3: 2376 S. Geneva Avenue, Fresno, CA 93706 (APN: 478-253-09) (The complete legal description of this Property is attached hereto as “Exhibit 3”). Property 4: 2370 S. Geneva Avenue, Fresno CA 93706 (The complete legal description of this Property is attached hereto as “Exhibit 4”). This property was bought and titled in Defendant’s name but is a property that is shared between Plaintiff and Defendant. JURISDICTION 9. This Court has proper jurisdiction over this action as the real properties are so situated and physically located within this California Superior Court’s Judicial District. (Cal 10 Code of Procedure Sec. 760.040(a)). 1 GENERAL FACTUAL ALLEGATIONS 12 10. As a preliminary affirmation, Plaintiff herein represents that there is no ongoing B< 13 foreclosure proceeding in effect governing, conceming or relative to any of the Parties, herein 14 or as to subject real property. 15: 11. Plaintiff herein requests that the date of the judicial determination sought be that Fg 16 of the date of the filing Complaint. (Cal Code of Civil Procedure Sec. 761.020(d)). 17 12. On or around June 30, 2009, Plaintiff and Defendant entered into a Partnership 18 Agreement (hereinafter “Partnership Agreement”) to “buy property and fix up to rent for a fix 19: income” (a true and correct copy of the Partnership Agreement is attached hereto as Exhibit 5”). Throughout the term of the Agreement, the Defendant would be responsible for managing 21 the properties at issue, however, the properties would remain under the ownership of Plaintiff. 13, On or around January 1, 2017, Defendant stopped transferring tenant rent payments to Plaintiff. Defendant is informed and believes that Defendant is keeping these monies in her possession without the permission of Plaintiff. 14, Defendant has wrongfully claimed a right and interest in Plaintiff's Properties. As such, Plaintiff now wishes to take back the managerial control of the Properties to protect any further procuring of Plaintiff’s monies by Defendant. However, Defendant has remained on 28 the properties through adverse possession and has been harassing tenant’s currently residing on COMPLAINT FOR QUIET TITLE -3- Plaintiff's properties. Defendant is without any right whatsoever to the Properties. Defendant has no title, estate, lien, or interest whatsoever in the Properties. 15. The Grant Deeds for each of the Properties mentioned herein are attached hereto as detailed above, and made available for inspection, use and copying by any and all of the Parties hereto. CAUSE OF ACTION FOR QUIET TITLE (Against all Defendants including DOES 1 — 25) 16. Plaintiff hereby realleges and incorporates herein by reference each and every allegation of paragraphs 1 through 15 as though the same were set forth wholly and fully 10 herein. AL. 17. Plaintiff is the sole owner in fee simple of the Properties as a result of the Grant 2 deeds solely in his name. BE 13: 18. On or around June 30, 2009, Plaintiff and Defendant entered into an Agreement 14 to “buy property and fix up to rent for a fix income.” Throughout the term of the Agreement, Fe Is: 16 the Defendant would be responsible for managing the properties at issue, however, the properties would remain under the ownership of Plaintiff. IT 19. Defendant has wrongfully claimed a right and interest in Plaintiff's Properties. 18, As such, Plaintiff now wishes to take back the managerial control of the Properties to protect 19: any further procuring of Plaintiff's monies by Defendant. However, Defendant has remained on the Properties through adverse possession and has been harassing tenant’s currently 21 residing on Plaintiff's properties. Defendant is without any right whatsoever to the Properties. Defendant has no title, estate, lien, or interest whatsoever in the Properties. 20. Plaintiff seeks to quiet title in the Properties in his name free and clear of any and all interests claimed by defendants, and each of them, as of the date of the filing of this Complaint. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment in his favor and against Defendant as follows: 281 COMPLAINT FOR QUIET TITLE -4- For a Decree and or Order determining and granting Quiet Title for and to the benefit to Plaintiff, as to Defendant, and to any adverse claims Defendant alleges to possess; That Defendant be forever enjoined from asserting estate, right, title or interest to subject Properties; For prejudgment and post judgment interest; For such additional and further relief as the Court may deem just and reasonable; For such reasonable costs of suit. Dated: May _5__, 2017 ‘WEBB LAW GROUP, APC 10 <3. cas iL By, LENDEN F. WEBB Ee 12 Attomey for Plaintiff 13: JESSE EMMETT 14 5S 15: 16 17 18 19: 20, 21 28 COMPLAINT FOR QUIET TITLE -5- I, JESSE EMMETT declare under penalty of perjury under the laws of the State of California as follows: 1am a party in the above matter. I have read the foregoing COMPLAINT FOR QUIET TITLE and know its contents, and the same is true of my own knowledge, except as to those matters which are stated upon my information and belief, and as to those matters, I believe them to be true. Executed this G° day of May 2017, at Snags, California, 10 it JESSE EMMETT 3: 12 13 14 a3 is 3% i6 i7 1B 19 ai -6- EXHIBIT 1 G~ . RECORDING REQUESTED BY AGounty RaRecorder First American Title Company Robert¢. AND WHEN RECORDED MAIL DOCUMENT TO: Doc- 2010-004641 1 Jesse Emmett Rect 5-First American Title Insurance Company 5231 West Clinton Monday, APR 12, 2810 08:00:00 Fresno, CA 93722 Tt Pd $86.80 Nbr-0003193689 1268 Gaonewa Chee DJG/RG6/1- Zune, C4 B72 space Above This Line for Recorder’s Use Only AP.N.: 478-253-29 File No.: 1004-3484912 (JS) GRANT DEED ‘The Undersigned Gear) Declares), DOCUMENTARY TRANSFER TAX $74,80, CITY TRANSFER TAX §, ‘SURVEY MONUMENT FEE [ * ] vomputed en the conaeraton or ul value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at ume of sale, c ] unincorporated area, [ X } City of Fresno, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Bank Of New York Melion Fka The Bank Of New York As Trustee For The Certificateholders Cwalt, Inc Alternative Loan Trust 2005-76 Mortgage Pass-through Certificates, Series 2005-76 hereby GRANTS to Jesse Emmett, an unmarried man the following described property in the City of Fresno, County of Fresno, State of California: LOT 29 OF CHURCH HEIGHTS, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 12 PAGE 45 OF PLATS, FRESNO COUNTY RECORDS. Mail Tax Statements To SAME AS ABOVE + EMMETT 5212 APN: 478-253-29 "Grant Deed - continued File No.:1004-3484912 (3S) Date: 03/29/2010 Dated: __03/29/2030 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Certificateholders Cwalt, Inc Alterative Loan Trust 2005-76 Mortgage Pass-through Certificates, Series 2005-76 By Bank Of America, Servic! LP, fka Countrywide Home Loans ‘Servicing LP As Attomey i P LES Bogartz Ld Ndi STATE OF CA COUNTY OF Ventura, On March 30, 2010 before me, K Gould Notary Public, personally appeared ___Susan Bogart: who proved to me on the basis of satisfactory evidence to be the persoi whose nai executed the same bscribed her/thenauthonized ca} the instrument the persop¢sy, or the entity upon behalf acto ), and that of which the persoptstai toner to the wiathin mstrument and acknowl jed tome that er she ‘signatui , executed the in rete i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. WITNESS my hand and official seal. K. GOULD Commission # 1739697 Notary Public - California Ventura County iE MyComm Expres Apr 17,2011 My Commussion Expires: _Apni 17,2011 This area for offical notarial seal e:___& Notary NamGould SS NOtary Phronies__2805-520-5100 Notary Registration Number:. County of Principal Place of Business: Ventura, CA Page 2 of 2 EMMETT 5213 EXHIBIT 2 » LSi TITLE AGENGY, INC. as HAA A t oon RECORDING REQUESTED BY: LPS Default Title and Closing founty Recorder AND WHEN RECORDED MAIL TO: Pert C Jesse Er ot a Doc" 2009-0089449 Check Number 415947 Tuesday, JUN 30, 2009 15:48:14 Fresno, Gh 42q" Tel Pd $86.00 Nbr~0003021920 RGR/R4/1 THIS SPACE FOR RECORDER’ ONLY” ‘Title Order No.: K836598 Escrow No.: 001227-KS GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $77 00 [X] computed on full value of property conveyed, or [ } computed on full value fess value of liens or encumbrances remaining at time of sale [ | Unincorporated area [X] City of Fresno AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HSBC Bank USA, National Association as Trustee for Opteum Mortgage Acceptance Corporation, Asset Backed Pass Through Certificates, Series 2005-1 hereby GRANT(s) to Jesse Emmett an Unmarried Man the real property in the City of Fresno, County of Fresno, State of Califorma, described as Lot 31 of Church Heights, according to the map thereof recorded October6, 1941 in Book 12 Page 45 of Plats, Fresno County Records Also Known as 2374 South Geneva Avenue, Fresno, CA 93706 AP## 478-253-08 DATED June 24, 2009 STATE OF FLORIDA. HSBC Bank USA, National Association as Trustee for COUNTY OF, Opteum Mortgage Acceptance Corporation, Asset Backed Pass Through Certificates, Series 2005-1 badae before m ER, POs in-and psa Siotepersonally appeared who proved to ma on the basis of sabsfactory evidence tobe By the person(s) whose name(s) is/are subscnbed to the within (etitore.Ml aipany, its attorney in fact insitument and acknowl to me that he/she/they executed the same in his/her/their authonzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) Ne CHORE ey |, executed the instrument J certify under PENALTY OF PERJURY under the laws of the State W DEBBIE CREAMER. of Califormia that the paragraph 1s true and correct Notary Public- State of Flonda ‘WITNESS my hand and official seal E = My Commsion Expres Feb 27,2012 * Commissite ‘# DD 730804 in gh National Notary Assn MA\L TAX STATEMENTS TO PARTY SHOWN BELOW, IF NO PARTY S$ HORAN, ti DIRECTED ABO\ EMMETT 5214 EXHIBIT 3 =S! TITLE AGENCY, INC. RECORDING REQUESTED BY: ‘LPS Default Title and Closing i tga uu ty Recorder . AND WHEN RECORDED MAIL TO: Robert C. Werner Jesse Emmett DOC- 2009-00839452 3765 Geneva fue: Check Number 415947 Tuesday, JUN 30, 2009 15:48:48 Tel Pd $91.50 Nor-0003021923 Fresno , Ca. GG RGR/R4/1-1 GBF Oe THIS. PACE FOR RECORDER'S USE ONLY. Title Order No.: K833180 Escrow No,: 001228-KS GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX 's $7-00— [X} computed on full value of property conveyed, or BS { ] computed on full value less. value of liens or encumbrances remaining at time of sale [ ] Unincorporated area [X] City of Fresno AND. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HSBC Bank USA, National Association as Trustee for Opteum Mortgage Acceptance Corporation, Asset Backed Pass Through Certificates Series 2005-1 hereby GRANT(s) to Jesse Emmett. an Unmarried Man the real property in the City of Fresno, County of Fresno, State of California, descnbed as. Lot 32 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 2376 South Geneva Avenue, Fresno, CA 95210 AP# 478-253-09 DATED June 24, 2009 STATE OF FLORIDA HSBC Bank USA, National Association as Trustee for COUNTY OF Opteum Mortgage Acceptance Corporation, Asset e-a4¢- dF Backed Pass Through Certificates Senes 2005-1 before me, Qe bfec,( ANetary Public lyappeared Ln iv an wha proved tp me on the basis of satisfactory evidence tobe By" the person(s) whose name(s) is/are subscribed to the within EverHome Mi its attorney in fact instrument and acknowledged to me that he/she/they executed the same in his/her/therr authonzed capacity(tes), 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 {certify under PENALTY OF PERJURY under the laws of the State ay W DEBBIE CREAME| R ‘of Califorma that the foregoing paragraph 1s true and correct Res lolary Pubke - State of Florida WITNESS my hand and official seal )Ey ‘Commission Expires Feb 27, 2012] 4) bible eae walt TAX STATEMENTS TO PARTY SHOWN BELOW, IF NO PARTY SHO\ Comonssion (Se ih Dif # DD 730804 National Notary Assn Oy EMMETT 5215 EXHIBIT 4 2370S Geneva Ave, FRESNO, CA - Owner: Pholy Tuon. Page 1 of 2 « You are here: of * States/ * California/ * Fresno/ * 2370 S Geneva Ave 2370 S Geneva Ave Fresno, CA 93706 $ 80,548 Treo bEpte A Court Records: 3 sources found ~ Owner Name Pholy Tuon Address 2370 S Geneva Ave City Fresno State CA Zip Code 93706 Land Use Resid. Apartments Land Size 0,136 acres Appraised Value $80548 Assessed Value $80548 Legal Description Fre:47825330 [5 Adchoie! 2370 S Geneva Ave is a parcel of land located in Fresno, CA and has a legal description provided by the local assessor of FRE:47825330. The Arivify.com account number for this parcel is FRE- 47825330. . This parcel is owned by Pholy Tuon and can be described as a Resid. Apartments. The estimated market value of this property is $80548 and the the building value is an estimated $64,440. For more information regarding 2370S Geneva Ave including construction details, assessments, previous owners, and sales data please look below. EMMETT 6057 htine://aranu arhrife pam /aranert: sanrch/D ACW SIG ainars 2370 S Geneva Ave, FRESNO, CA - Owner: Pholy Tuon Page 2 of 2 Construction Details Building 1 Living Area 2250 sq/ft Replacement Cost $80548 Year Built 1963 Building Value $64,440 Building Attributes Assessor Paul Dictos, Assessor Building Area 2,250 Building Class D Garage Size 600 Improvement Percentage 80% Improvement Value $64,440 Land Value $16,108 Legal Description Lot 30 Church Heights Number Of Units 3 Price Per Sqft $59.11 Stories 1.0 Use Description Resid, Apartments Assessments Year Value 2015 $80548 Recent Sales Owner Name Sale Date Sale Price 04/09/2010 $133000 04/24/2009 $90000 03/02/2005 $240000 EMMETT 5058 httos://www.arivifv.com/nronertv/search/RaCDv5IGS: 4/0/9017 2370 S Geneva Ave, Fresno, CA 93706 | Zillow Page 1 of 1 Price History” Tax History. : ~ Find assessor information on the county website PROPERTY TAX YEAR CHANGE CHANGE TAXES ASSESSMENT 2015 $1,039 -- = $80,548 +2.0% 2014 $1,039 +2,.3% +2.3% $78,971 +0.5% 2013 $1,015 +2.1% +2.1% $78,615 +2.0% 2012 $995 -- -- $77,074 +2.0% 2011 $995 +0.5% +0.5% $75,563 +0.8% 2010 $990 -44.7% -44,.7% $75,000 -46.4% 2009 $1,791 -28.8% -28.8% $140,000 -34.9% 2008 $2,514 -- -- $215,000 Less “~ v EMMETT 5059 hittps://www.zillow.com/homes/2370-S-geneva-Ave-fresno-ca-93706 rb/?fromHomePage... 4/16/2017 Page 1 of 2 The information for the properties searched for below reflects the value as of January 1, 2016 (the lien date) for the 2016-2017 tax year. The 2016-17 property tax bill is based on the Taxable Value shown below. Parcei Number Search fave - 55-0 | Submi| (0g. 423-284-37) Address Search Street# — Direction Street Name City TMT ~ _ [FRESNO “PA Submit] Assessed Value Land: 16,353 Imps/TFI: 65,422 Personal Property: o Mobile Home: Total: 81,775 Lien Date Value as of January 1, 2016 for the 2016-2017 tax year. Does not reflect any subsequent changes. Parcel Number: 478-253-30 Location: 2370 S GENEVA FRESNO Parcel Size: Building Class: DO45A First Floor Size: 2,250 Year: 1963 Second Floor Size: Garage Size: 600 |Add Size: Pool: NO EMMETT 5080 http://www2.co.fresno.ca.us/0420/pvaldev/ParcelLookup.aspx?SearchType=0&Book=478... 4/16/2017 Page 2 of 2 R&T 408.3(d) NEITHER THE COUNTY NOR THE ASSESSOR SHALL INCUR ANY LIABILITY FOR ERRORS, OMISSIONS, OR APPROXIMATIONS WITH RESPECT TO PROPERTY CHARACTERISTICS INFORMATION PROVIDED BY THE ASSESSOR TO ANY PARTY PURSUANT TO THIS SECTION. The Factored Base Year (Prop. 13) Value in the "Proposition 13 Value" row is based on the market value of your property when it was acquired, plus any new construction, plus an inflation factor of no more than 2% per year. Sometimes the market value of a property falls below its Prop 13 value. Prop. 8 allows the Assessor to enroll temporary declines in value. The Prop. 8 value represents the estimated market value of your property as of the lien date. Once reduced, each property's value must be reviewed annually on January 1 to compare its current market. value to its Prop. 13 value. The lower of the 2 values will become the taxable value for that year. While the Prop. 13 value can increase no more than 2% each year, there Is no such limitation on the Prop 8 value. Therefore, the taxable value may increase or decrease more than 2% each year, but your assessment can not exceed your Prop. 13 value. Once the market value exceeds the Prop. 13 value, the Assessor will restore your Prop. 13 value as the assessed value. If you have evidence that the assessment is not an accurate valuation of your property as of January 1. you have the right to file an Assessment Appeal from July 2nd through November 30. Further information and forms are available from the Clerk to the Board at in the Hall of Records, Room 301. EMMETT 5064 hittp://www2.co.fresno.ca.us/0420/pvaldev/ParcelLookup.aspx?SearchType=0&Book=478... 4/16/2017 EXHIBIT 5 Parinership Agreement 3 @ __ day ofGuat. THIS PARTNERSHIP AGREEMENT is made this_ 200% by and between the following individuals: saree: Conlon SAB) IW: Ave. Jesse Emmett City/State/ZIP:Eresna CH 43202 “Hho Ly Ton Address: City/State/ZIP bevel Que 1. Natureof Bi usiness. The panes Iisied above hereby agree that they shall be considered partners in business fo he fol cing purpo; NQede} BANA LD En. LD LVULD 2. Name. The partnership shall be conducted under the name at [STREET ADDRESS], (CITY, STATE, ZIP].SA3 / W- mesno were onc t CH 42a7-aAQ ts in 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 partnership. 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 conduct the day-to-day business of the pi artnership; however, partner shall be able to bind the partnership by act or contract to any liability exceeding §, a without the prior written consent of each partner. . 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 contribute: Name Of Partner Capital Agreed-Upon Cash % Share Contribution 2 bx 14) SAF OF Cash SO%, J wy Tan 14), fet orl Cech S2% 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 partnership profits then due and payable applied instead to his capital account; and (2) pay any deficiency to the partnership if his share of partnership profits is not yet due and payable or, if it is, his share is insufficient to cancel the deficiency. 5. Profitsand 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/T ination. ‘The term of this Agreement shall be for a period of 22.6 years, unless the partners mutually agree in writing to a shorter period. Should the partnership be terminated by unanimons 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 share. 7. Disputes. This Partnership Agreement shall be governed by the laws of the State of _.4-_. Any disputes arising between the partners as a result of this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof. ae 5S a 8, Withdrawal/Death of Parmer. In the event a partner withdraws or retires from the partnership for any reason,