Preview
E-FILED
Thomas A. Vogele, Esq. (SBN 254557) 6/13/2018 6:51 PM
Teddy T. Davis, Esq. (221859 FRESNO COUNTY SUPERIOR COURT
THOMAS VOGELE & ASSOCIATES, APC By: L. Whipple, Deputy
3199 Airport Loop Drive, Suite A-3
Costa Mesa, California 92626
Telephone: (714) 641-1232
Facsimile: (888) 391-4105
Email: tvogele@tvalaw.com
Attorneys for defendant and cross-complainant
Pholy Tuon.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF FRESNO
10 JESSE EMMETT, an individual, Case Nos. 17CECG01566 and 17CECG01577
il Plaintiff, Assigned for All Purposes to Hon. Kimberly Gaab
in Department 503
12 vs.
PHOLY TUON’S REQUEST FOR JUDICIAL
13 PHOLY TUON, an individual; and DOES 1 NOTICE
through 24, inclusive,
14 [Filed concurrently with Pholy Tuon’s
Defendants. Opposition to Motion for Leave to File Further
15 Amended Complaint]
16 Date of Hearing: June 26, 2018
Time of Hearing: 3:30 p.m.
17 Dept.: 503
18 Action Filed: May 8, 2017
Trial Date: September 2, 2018
19
20 Defendant and cross-complainant Pholy Tuon respectfully submit this Request for Judicial
21 Notice pursuant to Evidence Code sections 452 and 453 in support of their Motion for New Trial
22 filed concurrently herewith. Movants ask the Court to take judicial notice of the following
23 documents filed in Fresno County Superior Court:
24 1 Verified Complaint, filed on May 8, 2017, on behalf of Jesse Emmett, Case No.
25 17CECG01566;
26 2 Verified First Amended Complaint, filed on May 17, 2017, on behalf of Jesse
27 Emmett, Case No. 17CECG01566;
28
REQUEST FOR JUDICIAL NOTICE
3 Verified Complaint, filed on May 30, 2017, on behalf of Jesse Emmett in San
Joaquin County Superior Court, Case No. STK-CV-URP-2017-0005409, subsequently
transferred to Fresno County Superior Court, Case No. 18CECG00925, a true and correct copy of
which is attached hereto as Exhibit A;
4 Verified Cross-Complaint filed on September 14, 2017, on behalf of Pholy Tuon,
Case No. 17CECG01566;
5 Jesse Emmett’s Substitution of Counsel, filed on February 13, 2018;
6 June 13, 2018 Declarations of Lenden F. Webb and Kayla J. Lopez In Support of
Opposition to Plaintiffs Motion for Leave to File Cross-Complaint, filed in Case No.
10 17CECG01566, true and correct copies of which are collectively attached hereto as Exhibit B.
11
DATED: June 13, 2018 THOMAS VOGELE & ASSOCIATES, APC
12
13
By: A Sm
14 Teddy T. Davis
15 Attomeys for defendant and cross-complainant
Pholy Tuon
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REQUEST FOR JUDICIAL NOTICE
EXHIBIT “A”
**FILED BY FAX**
FILEG
2atT HS
ns ¥30 BH O59
Lenden F. Webb (SBN 236377) RE
iS
}Rosa SON
WEBB LAW GROUP, APC
466 W. Fallbrook Ave., Suite 102
Fresno, CA 937 DEPUTY
Telephone: (559) 431-4888
Facsimile: (559) 821-4500
Cp
ee
Email: LWebb@WBLawGroupiS
. CASE HAS BEEN ASSIGNED TO
Attomey for Plaintiff, JESSE eMUPRE CARTER P. HOLLY IN
DEPARTMENT 108 FOR ALL PURPO!
INCLUDING TRIAL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
CIVIL UNLIMITED DIVISION
id
JESSE EMMETT, an individual, CASE NO.: srx-cv-( i f -2017- SY 4
ge<3-
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Plaintiff, COMPLAINT FOR:
naS 12
+ QUIET TITLE
ByS Vs. ACCOUNTING
13
CONTRIBUTION
bz DISSOLUTION OF
238 PHOLY TUON, an individual,
and Does 1 through 25, inclusive, PARTNERSHIP
425 14
PARTITION OF REAL
HEg
as? PROPERTY BY SALE
ase 15 Defendants.
zs CONVERSION
we 16
BREACH OF FIDUCIARY DUTY
17
DEMAND FOR JURY TRIAL
18
19
COMES NOW, Plaintiff, JESSE EMMETT (hereinafter referred to as “Plaintiff” or
“Emmett”) and hereby alleges as follows:
21
INTRODUCTION
23
1 Atall times herein mentioned, JESSE EMMETT is an individual residing in the
4
County of Fresno, State of California.
25
22. Plaintiff is informed and believes and based on such information and belief
26
thereupon alleges that Defendant PHOLY TUON (hereinafter, “Defendant ") is an individual
27
residing in Fresno, State of California.
28
COMPLAINT
-1-
4 Plaintiff is informed and believes, and thereon alleges, that DOES 1 through 12
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 1 through 12 are currently
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, Plaintiff is 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
10 unknown to Plaintiff and therefore Plaintiff prays for leave to amend this Complaint to assert
ge iW the proper names of each Doe Defendant when its identity is discovered. Plaintiff is informed
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and believes, and thereon allege, that DOES 13 through 25 were the managerial agent,
3
AS 12
ag
ef3 13 employee, predecessor, subsidiary successor, joint venturer, co-conspirator, alter ego, and/or
Ze
425 14 representative of each and every other Defendant named herein or identified as DOES 1
ye
is through 12, and acted with the permission, authorization and/or ratification and consent of
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16 each and every other Defendant at all relevant times herein.
\7 6 Plaintiff is informed and believes, and thereon alleges, that each fictitiously
18 named Defendant, including DOES 9 through 17, is in some way responsible for, participated
19 in, or contributed to the matters of which Plaintiff complains of, and has legal responsibility
for those matters.
a 7. Plaintiff is informed and believes and thereon alleges, that, at all relevant times,
22 each of the defendants, whether named or fictitious, was the agent or employee of each of the
23 other defendants, and in doing the things alleged to have been done in the complaint, acted
24 within the scope of such agency or employment, or ratified the acts of the other.
25 THE REAL PROPERTIES
26 8. The subject real properties are situated in the State of California, County of
27 Stockton (hereinafter collectively referred to as “Properties”):
28
COMPLAINT
«2-
CS
Property 1: 2851 Chelmsford Way, Stockton, CA 95210 (APN: 090-130-06) (The
Grant Deed of this Property is attached hereto as “Exhibit 1”).
This property was bought and titled in Defendant’s name but is a property that
is shared between Plaintiff and Defendant.
Property 2: 2853 Chelmsford Way, Stockton, CA 95210 (APN: 090-130-06) (The
Grant Deed of this Property is attached hereto as “Exhibit 1”).
This property was bought and titled in Defendant’s name but is a property that
is shared between Plaintiff and Defendant,
Property 3: 2855 Chelmsford Way, Stockton, CA 95210 (APN: 090-130-06) (The
10 Grant Deed of this Property is attached hereto as “Exhibit 1”).
ve i This property was bought and titled in Defendant’s name but is a property that
Be
<3-
AS is shared between Plaintiff and Defendant.
2
ae
6< 13 JURISDICTION
Bee
“85 14 9 This Court has proper jurisdiction over this action as the real properties are so
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age 15 situated and physically located within this California Superior Court’s Judicial District. (Cal
2e
"3 16 Code of Procedure Sec. 760.040(a)).
17 GENERAL FACTUAL ALLEGATIONS
18 10. As a preliminary affirmation, Plaintiff herein represents that there is no ongoing
19 foreclosure proceeding in effect governing, concerning or relative to any of the Parties, herein
a or as to subject real property.
21 11. Plaintiff herein requests that the date of the judicial determination sought be that
of the date of the filing Complaint. (Cal Code of Civil Procedure Sec. 761.020(d)).
23 12. On or around June 30, 2009, Plaintiff and Defendant entered into a Partnership
Agreement (hereinafter “Partnership Agreement”) to “buy property and fix up to rent for a fix
income” (a true and correct copy of the Partnership Agreement is attached hereto as Exhibit
26 2”). Throughout the term of the Agreement, the Defendant would be responsible for managing
7 the properties at issue, however, the properties would remain under the ownership of Plaintiff.
28
COMPLAINT
-3-
1 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. Defendant has intentionally
breached her fiduciary duties as Defendant cannot/and wil] not contribute Plaintiff for rent
payments from January to present that were never deposited into Plaintiff's bank account or
future rent payments in violation of their partnership.
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
10 the properties through adverse possession and has been harassing tenant’s currently residing on
u Plaintiff's properties. Defendant is without any right whatsoever to the Properties. Defendant
<3-
2a =
aE 12 has no title, estate, lien, or interest whatsoever in the Properties,
Res
83
Ze 13 15. Consistent with Plaintiff's ownership in the property, and partnership with
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2é5 4 Defendant, Plaintiff has continued to perform his responsibilities pursuant to partnership terms,
ya
ass
ae 18 including, but not limited to contribution through maintaining the Properties. At the onset of
Bes
ws 16 this Partnership
17 16. Defendant has interfered with Plaintiff’s Properties, as Plaintiff did not consent
18 to Defendant taking rent monies for her personal use. Plaintiff will need an accounting of all
19 monies completed before determining all monies taken by Defendant without the permission of
20 Plaintiff.
21 17. Due to the above-mentioned actions by the Defendant, the partnership has
22 dissolved and has been abandoned indefinitely.
23 18. 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
25 Parties hereto.
26 Mt
a ut
28 Mt
COMPLAINT
-4-
1 FIRST CAUSE OF ACTION
2 Quiet Title
3 (Against all Defendants including DOES 1-25)
4 19. Plaintiff hereby realleges and incorporates herein by reference each and every
3 allegation of paragraphs 1 through 18 as though the same were set forth wholly and fully
6 herein.
7 20. Plaintiff is the sole owner in fee simple of the Properties as a result of the Grant
8 deeds solely in his name.
21. On or around June 30, 2009, Plaintiff and Defendant entered into an Agreement
10 to “buy property and fix up to rent for a fix income.” Throughout the term of the Agreement,
ws i the Defendant would be responsible for managing the properties at issue, however, the
&e
<3:
7ACe 12 properties would remain under the ownership of Plaintiff.
ages
13 22, Defendant has wrongfully claimed a right and interest in Plaintiff's Properties.
oF
=< 14 As such, Plaintiff now wishes to take back the managerial control of the Properties to protect
Aze
ag 15 any further procuring of Plaintiff's monies by Defendant. However, Defendant has remained
ze
23
16 on the Properties through adverse possession and has been harassing tenant’s currently
17 residing on Plaintiff's properties. Defendant is without any right whatsoever to the Properties.
18 Defendant has no titie, estate, lien, or interest whatsoever in the Properties.
19 23. Plaintiff seeks to quiet title in the Properties in his name free and clear of any
20 and all interests claimed by defendants, and each of them, as of the date of the filing of this
21 Complaint.
22 SECOND CAUSE OF ACTION
23 Accounting
24 (Against all Defendants including DOES 1 — 25)
25 24, Plaintiff hereby realleges and incorporates herein by reference each and every
% allegation of paragraphs 1 through 23 as though the same were set forth wholly and fully
27 herein,
28
COMPLAINT
-56
25. Plaintiff is informed, believes and thereon alleges that Plaintiff is entitled to
compensation arising from Defendant’s failure to deposit rent monies from tenants living at the
Properties.
26. Plaintiff and Defendant agreed that Defendant would be responsible for
managing the properties at issue, however, the properties would remain under the ownership of
Plaintiff.
27. The amount of money due from Defendant to Plaintiff arises from Defendants
failure to deposit rent checks submitted to Defendant to pay rent associated to the Properties.
28. Plaintiff cannot ascertain the amount of money due from Defendant to Plaintiff
10 without an accounting of, among other things, the receipts of rent checks paid by tenants living
I at the Properties, including Defendant’s profits arising from deposits from new tenants”
Date: Friday, May 5, 2017 at 2:38 PM
To: "jesse.emmett123 @gmail.com"
Cc: Linda D Thammavongsa , Linda Douangmala Thammavongsa Douangmala
Subject: Emmett - Complaint - Verification to be signed
Mr. Emmett,
Attached hereto please find Complaint — Fresno. This is the Complaint that we wish to file in
Fresno County.
We need you to sign the VERIFICATION on page six (6).
We would like to have your signature returned to our office by 4:30p.m., via email or facsimile
so that we may file this Complaint with Fresno County Court.
Sincerely,
Kayla J. Morris, Managing Paralegal
Page 1 of 2
WEBB LAW GROUP, APC
466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711
Direct: (559) 579-1506
Phone: (559) 431-4888
Fax: (559) 821-4500
Email: KMorris@WBLawGroup.com
Website: www.WBLawGroup.com
NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise
of the error and delete this transmission and any attachments.
Page 2 of 2
Wednesday, June 13, 2018 at 9:48:44 AM Pacific Daylight Time
Subject: FW: Emmett - Complaint - Verification to be signed
Date: Tuesday, October 24, 2017 at 2:21:38 PM Pacific Daylight Time
From: Lenden Webb
To: glen@gateslawgroup.com
cc: Christopher Nichols, Kayla Morris
Glen,
The client responded via email, confirming the client knew of what we had sent. (See below)
Sincerely,
Lenden F. Webb, Esq.
WEBB LAW GROUP, APC
10509 Vista Sorrento Parkway, Suite 430
San Diego, CA 92121
Mailing Address For All Purposes
466 W. Fallbrook Avenue, Suite 102
Fresno, CA 93711
Phone: (619) 399-7700
Fax: (619) 819-8400
E-mail: LWebb@WBLawGroup.com
Website: www.WBLawGroup.com
NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act,
18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of
the error and delete this transmission and any attachments.
NOTE: New San Diego Office Address as of July 24, 2017. Please continue to use Fresno as mailing address for all purposes.
From: "KMorris@WBLawGroup.com"
Date: Friday, May 5, 2017 at 3:48 PM
To: Linda D Thammavongsa
Cc: "Lenden F. Webb"
Subject: Re: Emmett - Complaint - Verification to be signed
These Stockton locations will not be included in the Fresno County Complaint. Fresno County
Court does not permit a real property action to include properties outside of their jurisdiction,
ie. Stockton.
The Complaint for Stockton will be filed on Monday or Tuesday of next week. The Stockton
Complaint is slightly less of a rush considering these properties are jointly owned.
Sincerely,
Kayla J. Morris, Managing Paralegal
WEBB LAW GROUP, APC
466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711
Direct: (559) 579-1506
Phone: (559) 431-4888
Page 1 of 3
Fax: (559) 821-4500
Email: KMorris@WBLawGroup.com
Website: www.WBLawGroup.com
NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise
of the error and delete this transmission and any attachments.
From: Linda D Thammavongsa <|dtnote4@gmail.com>
Date: Friday, May 5, 2017 at 3:22 PM
To: "KMorris@WBLawGroup.com"
Subject: Re: Emmett - Complaint - Verification to be signed
Kayla,
Ok I have read THE COMPLAINT- The properties I don't see on there are the ones in Stockton
listing below
2851, 2853, 2855, 2859, 2861 and 2863 on Chelmsford Way Stockton, CA 95210 . 2 Triplex total
of 6 units.
Please get back to me after you corrected thank you.
On Fri, May 5, 2017 at 2:40 PM, Kayla Morris wrote:
Mr. Emmett,
Attached hereto please find Complaint Fresno. This is the Complaint that we wish to file in
Fresno County.
We need you to sign the VERIFICATION on page six (6).
We would like to have your signature returned to our office by 4:30p.m., via email or
facsimile so that we may file this Complaint with Fresno County Court.
Sincerely,
Kayla J. Morris, Managing Paralegal
WEBB LAW GROUP, APC
466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711
Direct: (559) 579-1506
Phone: (559) 431-4888
Fax 59) 821-4500
Emai orris@WBLawGroup.com
Website: www.WBLawGroup.com
Page 2 of 3
NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications
Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender
to advise of the error and delete this transmission and any attachments.
Page 3 of 3
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
Iam employed in the County of Fresno, State of California. I am over the age of
18 and not a party to the within action; my business address is: 466 West Fallbrook Avenue,
Suite 102, Fresno, California 93711. My email address is Office@WBLawGroup.com.
On June 13, 2018, I served the document(s) described as:
OPPOSTIION TO MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT
Il DECLARATION OF LENDEN WEBB IN OPPOSITION TO MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
Til DECLARATION OF KAYLA LOPEZ IN OPPOSITION TO MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
IV. DECLARATION OF HEATHER MARTIN IN OPPOSITION TO MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
10
on the interested parties in this action by placing a true copy thereof enclosed in a sealed
11 envelope at: Fresno, California, addressed as follows:
a
ve
ie 12 Thomas A. Voegel Michael L. Farley
7a
13 Thomas Voegel & Associates Farley Law Firm
3199 Airport Loop Drive, Suite A-3 108 West Center Avenue
Rez
14 Costa Mesa, CA 92626 Visalia, CA 93291
Ss
azz Telephone: (714) 641-1232 Telephone: (559) 738-5975
15
Qe oe Facsimile: (888) 391-4105 Facsimile: (559) 732-2305
ae 16 Email: TVogele@TVLaw.com Email: KFike@FarleyLawGroup.com
ze
es Attorney For Defendant, Pholy Tuon Email: DMabry@FarleyLawGroup.com
17 Attorney For Plaintiff, Jesse Emmett
18 XX_ (BY MAIL) I am readily familiar with this business’ practice for collection and
processing of correspondence for mailing, and that correspondence, with postage thereon
19 fully prepaid, will be deposited with the U.S. Postal Service on the date hereinabove in
20 the ordinary course of business, at Fresno, California.
21 XX (BY E-MAIL) I caused the above-referenced document(s) to be electronically mailed to
22 the offices of the addressee(s) as a courtesy, pursuant to an applicable code or a valid
stipulation. (No stipulation for email service, send as courtesy only) | did not receive,
23 within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
24
Executed on June 13, 2018, at Fresno, California
25
XX__ (STATE) I declare under penalty of perjury under the laws of the State of California that
fd
26 the foregoing is true and correct.
27
28 Molly Miller
Lenden F. Webb (SBN 236377)
Christopher E. Nichols (316417)
WEBB LAW GROUP, APC
466 W. Fallbrook Ave., Suite 102
Fresno, CA 93711
Telephone: (559) 431-4888
Facsimile: (559) 821-4500
Email: CNichols@WBLawGroup.com
Attorney for Cross-Defendants,
Lenden Webb and Webb Law Group APC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CIVIL UNLIMITED DIVISION
10
JESSE EMMETT, an individual, CASE NO.: 17CECG01566
ag 11
Plaintiff, KAYLA J. LOPEZ’S DECLARATION IN
12 SUPPORT OF OPPOSITION TO
vs. PLAINTIFF’S MOTION FOR LEAVE TO,
13 FILE A CROSS-COMPLAINT
Og
PHOLY TUON, an individual;
14
and Does | through 25, inclusive, DATE: June 26, 2017
TIME: 3:30PM
15
Defendants. DEPT: 402
16
17 PHOLY TUON, an individual,
18 Cross-Complainant,
19 vs.
20 JESSE EMMETT, an individual; LENDEN
FRANKLIN WEBB aka LENDEN F.
221 WEBB, an individual; WEBB LAW
GROUP, a California Professional
22 Corporation and ROES 1 through 15,
inclusive,
23
Cross-Defendants.
24
25 I, Kayla J. Lopez formerly known as Kayla J. Morris, declare:
26 1. am the managing paralegal at the law firm of Webb Law Group, APC. I was
27 employed by Webb Law Group as a case manager from February 16, 2015 to February 16,
28
KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
-1-
2016. On February 16, 2016, I became the managing paralegal. In my capacity as managing
paralegal | assist attorneys with litigation matters ranging from drafting pleadings, drafting
discovery, drafting law and motion work, filing documents, communicating and meeting with
clients under attorney supervision. Additionally, I help oversee support staff at Webb Law
Group APC’s Fresno location.
2. [have personal knowledge relating to this case and to the facts set out hereinafter,
and if called as a witness I could and would competently testify as follows:
3. I make this declaration in support of the opposition to the Motion for Leave to File a
Cross-Complaint filed by Plaintiff Jesse Emmett.
10 4. Prior to Jesse Emmett retaining Webb Law Group, APC as his counsel he called our
ag 11 office on March 24, 2017 and spoke to a paralegal named Ishdeep Bhamra about a legal issue
nA 12 stemming from a partnership agreement. In accordance with our normal practice, Mr. Bhamra
13 took detailed notes of this conversation and sent those notes to myself and attorney Lenden
14 Webb, I then reviewed these notes prior to meeting with Jesse Emmett. (A true and correct
15 copy of this email correspondence is attached hereto as “Exhibit A”)
S3
16 5. The first time I met with Jesse Emmett regarding his case was on March 24, 2017, at
17 1:00pm. I took notes during the meeting and in accordance with my normal practice emailed
18 those notes to attorney Lenden Webb so that he could provide legal input and advice.
19 Throughout the meeting Jesse Emmett discussed a partnership that he had with a woman named
20 Pholly Tuon and how he believed his business partner was forging signatures and stealing
221 money from him. (4 true and correct copy of this correspondence is attached hereto as
22 “Exhibit B”)
23 6. At the initial meeting on March 24, 2017, Jesse Emmett provided our office with a
24 signed partnership agreement related to his agreement with Pholly Tuon. (4 true and correct
25 copy of this correspondence is attached hereto as “Exhibit C”)
26 7. Throughout my conversations with Jesse Emmett related to his matter we discussed
27 the partnership and his business partner Pholly Tuon.
28
KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
-2-
8. On March 5, 2017, per Attorney Lenden Webb’s instruction, and the client’s repeated
insistence on quick action, I assisted with the drafting ofa Complaint to be filed with the
Fresno Superior Court related to the dissolution of the partnership and partition by sale. Once I
completed the draft of the Complaint, and once it had been reviewed by attorney Lenden Webb,
per his instructions I sent the draft of the Complaint to Jesse Emmett and his assistant Linda
Thammavongsa at 2:40PM requesting that Jesse Emmett return the signed verification by
4:30PM so that it could be filed that day as insisted upon by Jesse Emmett. Shortly thereafter at
3:23PM I received a response from Jesse Emmett’s assistant Linda Thammavongsa, who was
authorized to communicate on his behalf, stating that she had read the Complaint and that she
10 had some questions about why the Stockton properties had not been listed. Per attorney Lenden
ag 11 Webb’s instruction, I responded at 3:50PM explaining that those properties would be the
nA 12 subject of a separate complaint in San Joaquin county. (A true and correct copy of this
13 correspondence is attached hereto as “Exhibit D”)
Og
14 9. On May 5, 2017, at approximately 5:00PM Jesse Emmett came to the Webb Law
15 Group office located at 466 West Fallbrook Ave Suite 102 Fresno CA 93711 in order to
16 provide our office with 1) payment, 2) a document from Pholly Tuon that his tenants had
17 received, and 3) a signed verification form affirming the truth of the Verified Complaint thatI
18 had sent to him earlier that day.
19 10. To be clear, at that same time of approximately 5:00PM on May 5, 2018, I received
20 via hand delivery from Jesse Emmett a signed verification form to attached to the Verified
221 Complaint. At 5:02PM I uploaded the pdf of the signed verification to our secure file storage
22 service box.com.
23 11. On May 5, 2017, at 5:10PM I filed electronically via Odyssey e-file the signed
24 Verified Complaint. (A true and correct copy of this correspondence is attached hereto as
25 “Exhibit E”)
26 Mil
27 Mil
28
KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
-3-
I declare upon penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this June 13", 2018 at Fresno, CA.
KAY. Z
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KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR
LEAVE TO FILE A CROSS-COMPLAINT
-4-
EXHIBIT A
Wednesday, June 13, 2018 at 9:42:45 AM Pacific Daylight Time
Subject: PNC - Jesse Emmett
Date: Friday, March 24, 2017 at 7:19:50 AM Pacific Daylight Time
From: Ishdeep Bhamra
To: Lenden Webb
cc: Kayla Morris
ACTION
. PNC to bring in partnership agreement and deeds
. Bring in the documents and talk to KJM to talk at lpm
. PNC to give check for 1 hour of KJM’s time ($175) and KJM will examine
documents, ask questions, and confer with LFW afterwards
Business partner stole $284,000
o Pholi Puom
Had some rental properties together
o 12in Fresno
o 6in Stockton
PNC trying to get taxes and other stuff together at the moment
Signed partnership agreement in 2009
o Signed June 30, 2009
o LEW needs to see the agreement and deeds to the properties when they come in
erson
o Partner might have all the originals but PNC to go to the county and get
whatever they can
Owns 2 of the properties by himself — owns his own house
There were some properties that PNC asked to buy the property for both of them but
she went to buy them under her name
PNC got a credit check and there was an extra loan for about $280,000 that he does not
know anything about
LFW recommends looking over documents with PNC
Sincerely,
Ishdeep S. Bhamra, Paralegal
WEBB LAW GROUP, APC
6725 Mesa Ridge Road, Suite 218
San Diego, CA 92121
Mailing Address For All Purposes
466 W. Fallbrook Avenue, Suite 102
Fresno, CA 93711
Phone: (619) 399-7700
Direct: (559) 579-1504
Fax: (619) 819-8400
E-mail: IBhamra@WBLawGroup.com
Website: www.WBLawGroup.com
NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act,
Page 1 of 2
18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of
the error and delete this transmission and any attachments.
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EXHIBIT B
Wednesday, June 13, 2018 at 9:43:09 AM Pacific Daylight Time
Subject: NOTES 2017 03 Mar 24
Date: Friday, March 24, 2017 at 5:39:41 PM Pacific Daylight Time
From: Kayla Morris
To: Lenden Webb
Priority: High
NOTES
Jesse Emmett
559-352-9797
Email Address No email
Referred via Brother he uses us John Emmett
ACTION
+ PNC to bring in partnership agreement and deeds
- Bring in the documents and talk to KJM at 1pm
- PNC to give check for 1 hour of KJM's time ($175) and KJM will examine documents, ask questions, and
confer with LFW afterwards
Business partner stole $
o Pholy Tuon
- Had some rental properties together
0 12 in Fresno paid off
0 6 in Stockton paid off
+ PNC trying to get taxes and other stuff together at the moment
- Signed partnership agreement in 2009
o Signed June 30, 2009
o LFW needs to see the agreement and deeds to the properties when they come in person
o Partner might have all the originals but PNC to go to the county and get whatever they can
+ Owns 2 of the properties by himself owns his own house
: There were some properties that PNC asked to buy the property for both of them but she went to buy
them under her name
- PNC got a credit check and there was an extra loan for about $280,000 that he does not know anything
about
+ LFW recommends looking over documents with PNC
PARTNERSHIP AGREEMENT IN JUNE OF 2009 IS WONDERING IF THE CONTRACT IS
ENFORCEABLE
IS THE HOUSE PNC IS LIVING IN NOW IS TO
ARBITRATION
Other side was supposed to only manage and rent it out
Other side is taking out loans
MUFG Union Bank was taken out by Pholy
Concern for the home listed on the Agreement
Other side is on notice no income has been given to PNC for a year
Business Partner that is stealing money from him
Needs to know what and how to deal with it
He stole $284,000 maybe more
Its a she
They are business partners
Page 1 of 2
Owns rental properties together
12 total in Fresno
6 total in Stockton
She collects the rent
He cant say how much she has stolen
He hasn't received any money from the properties
She has credit cards an loans using his social security
Chase Chevron - Capitol One Wells Fargo JC Penny
Hourly - $2000 deposit
A Friend looked up online
Pholy is paying for the insurance at each location each location may be 1300 for insurance /year
NO JOINT account
Pholy is paying water
TOTAL RENT is 12K month
When repairs are done Pholy is not reimbursing
2374 S Geneva Ave & 2376 S Geneva first properties bought together, paid cash, property taxes
being paid by other side on PNC's behalf, currently being rented (3 apartments in each location)
Rented at $650 each
2368 S Geneva bought for $65 and fixed up with 15K (PNC BOUGHT THIS)- (3 apartments in each
location) Rented at $650 each, property taxes being paid by other side on PNC's behalf,(account
used to pay for property taxes is open under the other side)
2370 S Geneva Ave bought by Pholy and PNC but Pholy's name is only on this property, (3
apartments in each location)Rented at $650 each, property taxes being paid by other side on PNC's
behalf
2859 Chelmford Way Triplex Owned by PNC - $850 for each unit property taxes being paid by other
side on PNC's behalf
2857 Chelmford Way Triplex Owned by PNC and Pholy $850 for each unit property taxes being paid
by other side on PNC's behalf
Page 2 of 2
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
Preview
E-FILED Thomas A. Vogele, Esq. (SBN 254557) 6/13/2018 6:51 PM Teddy T. Davis, Esq. (221859 FRESNO COUNTY SUPERIOR COURT THOMAS VOGELE & ASSOCIATES, APC By: L. Whipple, Deputy 3199 Airport Loop Drive, Suite A-3 Costa Mesa, California 92626 Telephone: (714) 641-1232 Facsimile: (888) 391-4105 Email: tvogele@tvalaw.com Attorneys for defendant and cross-complainant Pholy Tuon. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO 10 JESSE EMMETT, an individual, Case Nos. 17CECG01566 and 17CECG01577 il Plaintiff, Assigned for All Purposes to Hon. Kimberly Gaab in Department 503 12 vs. PHOLY TUON’S REQUEST FOR JUDICIAL 13 PHOLY TUON, an individual; and DOES 1 NOTICE through 24, inclusive, 14 [Filed concurrently with Pholy Tuon’s Defendants. Opposition to Motion for Leave to File Further 15 Amended Complaint] 16 Date of Hearing: June 26, 2018 Time of Hearing: 3:30 p.m. 17 Dept.: 503 18 Action Filed: May 8, 2017 Trial Date: September 2, 2018 19 20 Defendant and cross-complainant Pholy Tuon respectfully submit this Request for Judicial 21 Notice pursuant to Evidence Code sections 452 and 453 in support of their Motion for New Trial 22 filed concurrently herewith. Movants ask the Court to take judicial notice of the following 23 documents filed in Fresno County Superior Court: 24 1 Verified Complaint, filed on May 8, 2017, on behalf of Jesse Emmett, Case No. 25 17CECG01566; 26 2 Verified First Amended Complaint, filed on May 17, 2017, on behalf of Jesse 27 Emmett, Case No. 17CECG01566; 28 REQUEST FOR JUDICIAL NOTICE 3 Verified Complaint, filed on May 30, 2017, on behalf of Jesse Emmett in San Joaquin County Superior Court, Case No. STK-CV-URP-2017-0005409, subsequently transferred to Fresno County Superior Court, Case No. 18CECG00925, a true and correct copy of which is attached hereto as Exhibit A; 4 Verified Cross-Complaint filed on September 14, 2017, on behalf of Pholy Tuon, Case No. 17CECG01566; 5 Jesse Emmett’s Substitution of Counsel, filed on February 13, 2018; 6 June 13, 2018 Declarations of Lenden F. Webb and Kayla J. Lopez In Support of Opposition to Plaintiffs Motion for Leave to File Cross-Complaint, filed in Case No. 10 17CECG01566, true and correct copies of which are collectively attached hereto as Exhibit B. 11 DATED: June 13, 2018 THOMAS VOGELE & ASSOCIATES, APC 12 13 By: A Sm 14 Teddy T. Davis 15 Attomeys for defendant and cross-complainant Pholy Tuon 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR JUDICIAL NOTICE EXHIBIT “A” **FILED BY FAX** FILEG 2atT HS ns ¥30 BH O59 Lenden F. Webb (SBN 236377) RE iS }Rosa SON WEBB LAW GROUP, APC 466 W. Fallbrook Ave., Suite 102 Fresno, CA 937 DEPUTY Telephone: (559) 431-4888 Facsimile: (559) 821-4500 Cp ee Email: LWebb@WBLawGroupiS . CASE HAS BEEN ASSIGNED TO Attomey for Plaintiff, JESSE eMUPRE CARTER P. HOLLY IN DEPARTMENT 108 FOR ALL PURPO! INCLUDING TRIAL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN CIVIL UNLIMITED DIVISION id JESSE EMMETT, an individual, CASE NO.: srx-cv-( i f -2017- SY 4 ge<3- VU Plaintiff, COMPLAINT FOR: naS 12 + QUIET TITLE ByS Vs. ACCOUNTING 13 CONTRIBUTION bz DISSOLUTION OF 238 PHOLY TUON, an individual, and Does 1 through 25, inclusive, PARTNERSHIP 425 14 PARTITION OF REAL HEg as? PROPERTY BY SALE ase 15 Defendants. zs CONVERSION we 16 BREACH OF FIDUCIARY DUTY 17 DEMAND FOR JURY TRIAL 18 19 COMES NOW, Plaintiff, JESSE EMMETT (hereinafter referred to as “Plaintiff” or “Emmett”) and hereby alleges as follows: 21 INTRODUCTION 23 1 Atall times herein mentioned, JESSE EMMETT is an individual residing in the 4 County of Fresno, State of California. 25 22. Plaintiff is informed and believes and based on such information and belief 26 thereupon alleges that Defendant PHOLY TUON (hereinafter, “Defendant ") is an individual 27 residing in Fresno, State of California. 28 COMPLAINT -1- 4 Plaintiff is informed and believes, and thereon alleges, that DOES 1 through 12 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 1 through 12 are currently 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, Plaintiff is 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 10 unknown to Plaintiff and therefore Plaintiff prays for leave to amend this Complaint to assert ge iW the proper names of each Doe Defendant when its identity is discovered. Plaintiff is informed ae and believes, and thereon allege, that DOES 13 through 25 were the managerial agent, 3 AS 12 ag ef3 13 employee, predecessor, subsidiary successor, joint venturer, co-conspirator, alter ego, and/or Ze 425 14 representative of each and every other Defendant named herein or identified as DOES 1 ye is through 12, and acted with the permission, authorization and/or ratification and consent of gS Fe 16 each and every other Defendant at all relevant times herein. \7 6 Plaintiff is informed and believes, and thereon alleges, that each fictitiously 18 named Defendant, including DOES 9 through 17, is in some way responsible for, participated 19 in, or contributed to the matters of which Plaintiff complains of, and has legal responsibility for those matters. a 7. Plaintiff is informed and believes and thereon alleges, that, at all relevant times, 22 each of the defendants, whether named or fictitious, was the agent or employee of each of the 23 other defendants, and in doing the things alleged to have been done in the complaint, acted 24 within the scope of such agency or employment, or ratified the acts of the other. 25 THE REAL PROPERTIES 26 8. The subject real properties are situated in the State of California, County of 27 Stockton (hereinafter collectively referred to as “Properties”): 28 COMPLAINT «2- CS Property 1: 2851 Chelmsford Way, Stockton, CA 95210 (APN: 090-130-06) (The Grant Deed of this Property is attached hereto as “Exhibit 1”). This property was bought and titled in Defendant’s name but is a property that is shared between Plaintiff and Defendant. Property 2: 2853 Chelmsford Way, Stockton, CA 95210 (APN: 090-130-06) (The Grant Deed of this Property is attached hereto as “Exhibit 1”). This property was bought and titled in Defendant’s name but is a property that is shared between Plaintiff and Defendant, Property 3: 2855 Chelmsford Way, Stockton, CA 95210 (APN: 090-130-06) (The 10 Grant Deed of this Property is attached hereto as “Exhibit 1”). ve i This property was bought and titled in Defendant’s name but is a property that Be <3- AS is shared between Plaintiff and Defendant. 2 ae 6< 13 JURISDICTION Bee “85 14 9 This Court has proper jurisdiction over this action as the real properties are so oeé ae age 15 situated and physically located within this California Superior Court’s Judicial District. (Cal 2e "3 16 Code of Procedure Sec. 760.040(a)). 17 GENERAL FACTUAL ALLEGATIONS 18 10. As a preliminary affirmation, Plaintiff herein represents that there is no ongoing 19 foreclosure proceeding in effect governing, concerning or relative to any of the Parties, herein a or as to subject real property. 21 11. Plaintiff herein requests that the date of the judicial determination sought be that of the date of the filing Complaint. (Cal Code of Civil Procedure Sec. 761.020(d)). 23 12. On or around June 30, 2009, Plaintiff and Defendant entered into a Partnership Agreement (hereinafter “Partnership Agreement”) to “buy property and fix up to rent for a fix income” (a true and correct copy of the Partnership Agreement is attached hereto as Exhibit 26 2”). Throughout the term of the Agreement, the Defendant would be responsible for managing 7 the properties at issue, however, the properties would remain under the ownership of Plaintiff. 28 COMPLAINT -3- 1 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. Defendant has intentionally breached her fiduciary duties as Defendant cannot/and wil] not contribute Plaintiff for rent payments from January to present that were never deposited into Plaintiff's bank account or future rent payments in violation of their partnership. 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 10 the properties through adverse possession and has been harassing tenant’s currently residing on u Plaintiff's properties. Defendant is without any right whatsoever to the Properties. Defendant <3- 2a = aE 12 has no title, estate, lien, or interest whatsoever in the Properties, Res 83 Ze 13 15. Consistent with Plaintiff's ownership in the property, and partnership with Ogs 2é5 4 Defendant, Plaintiff has continued to perform his responsibilities pursuant to partnership terms, ya ass ae 18 including, but not limited to contribution through maintaining the Properties. At the onset of Bes ws 16 this Partnership 17 16. Defendant has interfered with Plaintiff’s Properties, as Plaintiff did not consent 18 to Defendant taking rent monies for her personal use. Plaintiff will need an accounting of all 19 monies completed before determining all monies taken by Defendant without the permission of 20 Plaintiff. 21 17. Due to the above-mentioned actions by the Defendant, the partnership has 22 dissolved and has been abandoned indefinitely. 23 18. 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 25 Parties hereto. 26 Mt a ut 28 Mt COMPLAINT -4- 1 FIRST CAUSE OF ACTION 2 Quiet Title 3 (Against all Defendants including DOES 1-25) 4 19. Plaintiff hereby realleges and incorporates herein by reference each and every 3 allegation of paragraphs 1 through 18 as though the same were set forth wholly and fully 6 herein. 7 20. Plaintiff is the sole owner in fee simple of the Properties as a result of the Grant 8 deeds solely in his name. 21. On or around June 30, 2009, Plaintiff and Defendant entered into an Agreement 10 to “buy property and fix up to rent for a fix income.” Throughout the term of the Agreement, ws i the Defendant would be responsible for managing the properties at issue, however, the &e <3: 7ACe 12 properties would remain under the ownership of Plaintiff. ages 13 22, Defendant has wrongfully claimed a right and interest in Plaintiff's Properties. oF =< 14 As such, Plaintiff now wishes to take back the managerial control of the Properties to protect Aze ag 15 any further procuring of Plaintiff's monies by Defendant. However, Defendant has remained ze 23 16 on the Properties through adverse possession and has been harassing tenant’s currently 17 residing on Plaintiff's properties. Defendant is without any right whatsoever to the Properties. 18 Defendant has no titie, estate, lien, or interest whatsoever in the Properties. 19 23. Plaintiff seeks to quiet title in the Properties in his name free and clear of any 20 and all interests claimed by defendants, and each of them, as of the date of the filing of this 21 Complaint. 22 SECOND CAUSE OF ACTION 23 Accounting 24 (Against all Defendants including DOES 1 — 25) 25 24, Plaintiff hereby realleges and incorporates herein by reference each and every % allegation of paragraphs 1 through 23 as though the same were set forth wholly and fully 27 herein, 28 COMPLAINT -56 25. Plaintiff is informed, believes and thereon alleges that Plaintiff is entitled to compensation arising from Defendant’s failure to deposit rent monies from tenants living at the Properties. 26. Plaintiff and Defendant agreed that Defendant would be responsible for managing the properties at issue, however, the properties would remain under the ownership of Plaintiff. 27. The amount of money due from Defendant to Plaintiff arises from Defendants failure to deposit rent checks submitted to Defendant to pay rent associated to the Properties. 28. Plaintiff cannot ascertain the amount of money due from Defendant to Plaintiff 10 without an accounting of, among other things, the receipts of rent checks paid by tenants living I at the Properties, including Defendant’s profits arising from deposits from new tenants” Date: Friday, May 5, 2017 at 2:38 PM To: "jesse.emmett123 @gmail.com" Cc: Linda D Thammavongsa , Linda Douangmala Thammavongsa Douangmala Subject: Emmett - Complaint - Verification to be signed Mr. Emmett, Attached hereto please find Complaint — Fresno. This is the Complaint that we wish to file in Fresno County. We need you to sign the VERIFICATION on page six (6). We would like to have your signature returned to our office by 4:30p.m., via email or facsimile so that we may file this Complaint with Fresno County Court. Sincerely, Kayla J. Morris, Managing Paralegal Page 1 of 2 WEBB LAW GROUP, APC 466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711 Direct: (559) 579-1506 Phone: (559) 431-4888 Fax: (559) 821-4500 Email: KMorris@WBLawGroup.com Website: www.WBLawGroup.com NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of the error and delete this transmission and any attachments. Page 2 of 2 Wednesday, June 13, 2018 at 9:48:44 AM Pacific Daylight Time Subject: FW: Emmett - Complaint - Verification to be signed Date: Tuesday, October 24, 2017 at 2:21:38 PM Pacific Daylight Time From: Lenden Webb To: glen@gateslawgroup.com cc: Christopher Nichols, Kayla Morris Glen, The client responded via email, confirming the client knew of what we had sent. (See below) Sincerely, Lenden F. Webb, Esq. WEBB LAW GROUP, APC 10509 Vista Sorrento Parkway, Suite 430 San Diego, CA 92121 Mailing Address For All Purposes 466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711 Phone: (619) 399-7700 Fax: (619) 819-8400 E-mail: LWebb@WBLawGroup.com Website: www.WBLawGroup.com NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of the error and delete this transmission and any attachments. NOTE: New San Diego Office Address as of July 24, 2017. Please continue to use Fresno as mailing address for all purposes. From: "KMorris@WBLawGroup.com" Date: Friday, May 5, 2017 at 3:48 PM To: Linda D Thammavongsa Cc: "Lenden F. Webb" Subject: Re: Emmett - Complaint - Verification to be signed These Stockton locations will not be included in the Fresno County Complaint. Fresno County Court does not permit a real property action to include properties outside of their jurisdiction, ie. Stockton. The Complaint for Stockton will be filed on Monday or Tuesday of next week. The Stockton Complaint is slightly less of a rush considering these properties are jointly owned. Sincerely, Kayla J. Morris, Managing Paralegal WEBB LAW GROUP, APC 466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711 Direct: (559) 579-1506 Phone: (559) 431-4888 Page 1 of 3 Fax: (559) 821-4500 Email: KMorris@WBLawGroup.com Website: www.WBLawGroup.com NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of the error and delete this transmission and any attachments. From: Linda D Thammavongsa <|dtnote4@gmail.com> Date: Friday, May 5, 2017 at 3:22 PM To: "KMorris@WBLawGroup.com" Subject: Re: Emmett - Complaint - Verification to be signed Kayla, Ok I have read THE COMPLAINT- The properties I don't see on there are the ones in Stockton listing below 2851, 2853, 2855, 2859, 2861 and 2863 on Chelmsford Way Stockton, CA 95210 . 2 Triplex total of 6 units. Please get back to me after you corrected thank you. On Fri, May 5, 2017 at 2:40 PM, Kayla Morris wrote: Mr. Emmett, Attached hereto please find Complaint Fresno. This is the Complaint that we wish to file in Fresno County. We need you to sign the VERIFICATION on page six (6). We would like to have your signature returned to our office by 4:30p.m., via email or facsimile so that we may file this Complaint with Fresno County Court. Sincerely, Kayla J. Morris, Managing Paralegal WEBB LAW GROUP, APC 466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711 Direct: (559) 579-1506 Phone: (559) 431-4888 Fax 59) 821-4500 Emai orris@WBLawGroup.com Website: www.WBLawGroup.com Page 2 of 3 NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of the error and delete this transmission and any attachments. Page 3 of 3 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO Iam employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the within action; my business address is: 466 West Fallbrook Avenue, Suite 102, Fresno, California 93711. My email address is Office@WBLawGroup.com. On June 13, 2018, I served the document(s) described as: OPPOSTIION TO MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT Il DECLARATION OF LENDEN WEBB IN OPPOSITION TO MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT Til DECLARATION OF KAYLA LOPEZ IN OPPOSITION TO MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT IV. DECLARATION OF HEATHER MARTIN IN OPPOSITION TO MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT 10 on the interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope at: Fresno, California, addressed as follows: a ve ie 12 Thomas A. Voegel Michael L. Farley 7a 13 Thomas Voegel & Associates Farley Law Firm 3199 Airport Loop Drive, Suite A-3 108 West Center Avenue Rez 14 Costa Mesa, CA 92626 Visalia, CA 93291 Ss azz Telephone: (714) 641-1232 Telephone: (559) 738-5975 15 Qe oe Facsimile: (888) 391-4105 Facsimile: (559) 732-2305 ae 16 Email: TVogele@TVLaw.com Email: KFike@FarleyLawGroup.com ze es Attorney For Defendant, Pholy Tuon Email: DMabry@FarleyLawGroup.com 17 Attorney For Plaintiff, Jesse Emmett 18 XX_ (BY MAIL) I am readily familiar with this business’ practice for collection and processing of correspondence for mailing, and that correspondence, with postage thereon 19 fully prepaid, will be deposited with the U.S. Postal Service on the date hereinabove in 20 the ordinary course of business, at Fresno, California. 21 XX (BY E-MAIL) I caused the above-referenced document(s) to be electronically mailed to 22 the offices of the addressee(s) as a courtesy, pursuant to an applicable code or a valid stipulation. (No stipulation for email service, send as courtesy only) | did not receive, 23 within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 24 Executed on June 13, 2018, at Fresno, California 25 XX__ (STATE) I declare under penalty of perjury under the laws of the State of California that fd 26 the foregoing is true and correct. 27 28 Molly Miller Lenden F. Webb (SBN 236377) Christopher E. Nichols (316417) WEBB LAW GROUP, APC 466 W. Fallbrook Ave., Suite 102 Fresno, CA 93711 Telephone: (559) 431-4888 Facsimile: (559) 821-4500 Email: CNichols@WBLawGroup.com Attorney for Cross-Defendants, Lenden Webb and Webb Law Group APC SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL UNLIMITED DIVISION 10 JESSE EMMETT, an individual, CASE NO.: 17CECG01566 ag 11 Plaintiff, KAYLA J. LOPEZ’S DECLARATION IN 12 SUPPORT OF OPPOSITION TO vs. PLAINTIFF’S MOTION FOR LEAVE TO, 13 FILE A CROSS-COMPLAINT Og PHOLY TUON, an individual; 14 and Does | through 25, inclusive, DATE: June 26, 2017 TIME: 3:30PM 15 Defendants. DEPT: 402 16 17 PHOLY TUON, an individual, 18 Cross-Complainant, 19 vs. 20 JESSE EMMETT, an individual; LENDEN FRANKLIN WEBB aka LENDEN F. 221 WEBB, an individual; WEBB LAW GROUP, a California Professional 22 Corporation and ROES 1 through 15, inclusive, 23 Cross-Defendants. 24 25 I, Kayla J. Lopez formerly known as Kayla J. Morris, declare: 26 1. am the managing paralegal at the law firm of Webb Law Group, APC. I was 27 employed by Webb Law Group as a case manager from February 16, 2015 to February 16, 28 KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT -1- 2016. On February 16, 2016, I became the managing paralegal. In my capacity as managing paralegal | assist attorneys with litigation matters ranging from drafting pleadings, drafting discovery, drafting law and motion work, filing documents, communicating and meeting with clients under attorney supervision. Additionally, I help oversee support staff at Webb Law Group APC’s Fresno location. 2. [have personal knowledge relating to this case and to the facts set out hereinafter, and if called as a witness I could and would competently testify as follows: 3. I make this declaration in support of the opposition to the Motion for Leave to File a Cross-Complaint filed by Plaintiff Jesse Emmett. 10 4. Prior to Jesse Emmett retaining Webb Law Group, APC as his counsel he called our ag 11 office on March 24, 2017 and spoke to a paralegal named Ishdeep Bhamra about a legal issue nA 12 stemming from a partnership agreement. In accordance with our normal practice, Mr. Bhamra 13 took detailed notes of this conversation and sent those notes to myself and attorney Lenden 14 Webb, I then reviewed these notes prior to meeting with Jesse Emmett. (A true and correct 15 copy of this email correspondence is attached hereto as “Exhibit A”) S3 16 5. The first time I met with Jesse Emmett regarding his case was on March 24, 2017, at 17 1:00pm. I took notes during the meeting and in accordance with my normal practice emailed 18 those notes to attorney Lenden Webb so that he could provide legal input and advice. 19 Throughout the meeting Jesse Emmett discussed a partnership that he had with a woman named 20 Pholly Tuon and how he believed his business partner was forging signatures and stealing 221 money from him. (4 true and correct copy of this correspondence is attached hereto as 22 “Exhibit B”) 23 6. At the initial meeting on March 24, 2017, Jesse Emmett provided our office with a 24 signed partnership agreement related to his agreement with Pholly Tuon. (4 true and correct 25 copy of this correspondence is attached hereto as “Exhibit C”) 26 7. Throughout my conversations with Jesse Emmett related to his matter we discussed 27 the partnership and his business partner Pholly Tuon. 28 KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT -2- 8. On March 5, 2017, per Attorney Lenden Webb’s instruction, and the client’s repeated insistence on quick action, I assisted with the drafting ofa Complaint to be filed with the Fresno Superior Court related to the dissolution of the partnership and partition by sale. Once I completed the draft of the Complaint, and once it had been reviewed by attorney Lenden Webb, per his instructions I sent the draft of the Complaint to Jesse Emmett and his assistant Linda Thammavongsa at 2:40PM requesting that Jesse Emmett return the signed verification by 4:30PM so that it could be filed that day as insisted upon by Jesse Emmett. Shortly thereafter at 3:23PM I received a response from Jesse Emmett’s assistant Linda Thammavongsa, who was authorized to communicate on his behalf, stating that she had read the Complaint and that she 10 had some questions about why the Stockton properties had not been listed. Per attorney Lenden ag 11 Webb’s instruction, I responded at 3:50PM explaining that those properties would be the nA 12 subject of a separate complaint in San Joaquin county. (A true and correct copy of this 13 correspondence is attached hereto as “Exhibit D”) Og 14 9. On May 5, 2017, at approximately 5:00PM Jesse Emmett came to the Webb Law 15 Group office located at 466 West Fallbrook Ave Suite 102 Fresno CA 93711 in order to 16 provide our office with 1) payment, 2) a document from Pholly Tuon that his tenants had 17 received, and 3) a signed verification form affirming the truth of the Verified Complaint thatI 18 had sent to him earlier that day. 19 10. To be clear, at that same time of approximately 5:00PM on May 5, 2018, I received 20 via hand delivery from Jesse Emmett a signed verification form to attached to the Verified 221 Complaint. At 5:02PM I uploaded the pdf of the signed verification to our secure file storage 22 service box.com. 23 11. On May 5, 2017, at 5:10PM I filed electronically via Odyssey e-file the signed 24 Verified Complaint. (A true and correct copy of this correspondence is attached hereto as 25 “Exhibit E”) 26 Mil 27 Mil 28 KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT -3- I declare upon penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this June 13", 2018 at Fresno, CA. KAY. Z 6 10 a 11 12 13 14 15 16 17 18 19 20 221 22 23 24 25 26 27 28 KAYLA LOPEZ’S DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT -4- EXHIBIT A Wednesday, June 13, 2018 at 9:42:45 AM Pacific Daylight Time Subject: PNC - Jesse Emmett Date: Friday, March 24, 2017 at 7:19:50 AM Pacific Daylight Time From: Ishdeep Bhamra To: Lenden Webb cc: Kayla Morris ACTION . PNC to bring in partnership agreement and deeds . Bring in the documents and talk to KJM to talk at lpm . PNC to give check for 1 hour of KJM’s time ($175) and KJM will examine documents, ask questions, and confer with LFW afterwards Business partner stole $284,000 o Pholi Puom Had some rental properties together o 12in Fresno o 6in Stockton PNC trying to get taxes and other stuff together at the moment Signed partnership agreement in 2009 o Signed June 30, 2009 o LEW needs to see the agreement and deeds to the properties when they come in erson o Partner might have all the originals but PNC to go to the county and get whatever they can Owns 2 of the properties by himself — owns his own house There were some properties that PNC asked to buy the property for both of them but she went to buy them under her name PNC got a credit check and there was an extra loan for about $280,000 that he does not know anything about LFW recommends looking over documents with PNC Sincerely, Ishdeep S. Bhamra, Paralegal WEBB LAW GROUP, APC 6725 Mesa Ridge Road, Suite 218 San Diego, CA 92121 Mailing Address For All Purposes 466 W. Fallbrook Avenue, Suite 102 Fresno, CA 93711 Phone: (619) 399-7700 Direct: (559) 579-1504 Fax: (619) 819-8400 E-mail: IBhamra@WBLawGroup.com Website: www.WBLawGroup.com NOTICE OF CONFIDENTIALITY: This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act, Page 1 of 2 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of the error and delete this transmission and any attachments. Page 2 of 2 EXHIBIT B Wednesday, June 13, 2018 at 9:43:09 AM Pacific Daylight Time Subject: NOTES 2017 03 Mar 24 Date: Friday, March 24, 2017 at 5:39:41 PM Pacific Daylight Time From: Kayla Morris To: Lenden Webb Priority: High NOTES Jesse Emmett 559-352-9797 Email Address No email Referred via Brother he uses us John Emmett ACTION + PNC to bring in partnership agreement and deeds - Bring in the documents and talk to KJM at 1pm - PNC to give check for 1 hour of KJM's time ($175) and KJM will examine documents, ask questions, and confer with LFW afterwards Business partner stole $ o Pholy Tuon - Had some rental properties together 0 12 in Fresno paid off 0 6 in Stockton paid off + PNC trying to get taxes and other stuff together at the moment - Signed partnership agreement in 2009 o Signed June 30, 2009 o LFW needs to see the agreement and deeds to the properties when they come in person o Partner might have all the originals but PNC to go to the county and get whatever they can + Owns 2 of the properties by himself owns his own house : There were some properties that PNC asked to buy the property for both of them but she went to buy them under her name - PNC got a credit check and there was an extra loan for about $280,000 that he does not know anything about + LFW recommends looking over documents with PNC PARTNERSHIP AGREEMENT IN JUNE OF 2009 IS WONDERING IF THE CONTRACT IS ENFORCEABLE IS THE HOUSE PNC IS LIVING IN NOW IS TO ARBITRATION Other side was supposed to only manage and rent it out Other side is taking out loans MUFG Union Bank was taken out by Pholy Concern for the home listed on the Agreement Other side is on notice no income has been given to PNC for a year Business Partner that is stealing money from him Needs to know what and how to deal with it He stole $284,000 maybe more Its a she They are business partners Page 1 of 2 Owns rental properties together 12 total in Fresno 6 total in Stockton She collects the rent He cant say how much she has stolen He hasn't received any money from the properties She has credit cards an loans using his social security Chase Chevron - Capitol One Wells Fargo JC Penny Hourly - $2000 deposit A Friend looked up online Pholy is paying for the insurance at each location each location may be 1300 for insurance /year NO JOINT account Pholy is paying water TOTAL RENT is 12K month When repairs are done Pholy is not reimbursing 2374 S Geneva Ave & 2376 S Geneva first properties bought together, paid cash, property taxes being paid by other side on PNC's behalf, currently being rented (3 apartments in each location) Rented at $650 each 2368 S Geneva bought for $65 and fixed up with 15K (PNC BOUGHT THIS)- (3 apartments in each location) Rented at $650 each, property taxes being paid by other side on PNC's behalf,(account used to pay for property taxes is open under the other side) 2370 S Geneva Ave bought by Pholy and PNC but Pholy's name is only on this property, (3 apartments in each location)Rented at $650 each, property taxes being paid by other side on PNC's behalf 2859 Chelmford Way Triplex Owned by PNC - $850 for each unit property taxes being paid by other side on PNC's behalf 2857 Chelmford Way Triplex Owned by PNC and Pholy $850 for each unit property taxes being paid by other side on PNC's behalf Page 2 of 2 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