Preview
Nhan T.Tran
I
F l L E
3214 Trellis Place
JUN 1 3 208
San Jose, CA 95135
PH: (408) 238-5155 Clerk
Superior Court otonAtClzu
0939:; cm.
BY r,
In Pro Per ..__DEPUTY
’t‘
TOM“
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
NHAN TRAN Case No.: 16CV299625
10 Plaintifi, PLAINTIFF RESPONSE T0 SEPARATE
STATEMENT OF UNDISPUTED
ll vs. MATERIAL FACTS IN SUPPORT OF
DEFENDANT LILY HUANG'S MOTION
12
LILY HUANG, AMIEL WADE and DOES FOR SUMMARY JUDGMENT
VVVVVVVVVVVVVVVV
l3 l through 20, inclusive,
Date: June 14, 2018
14 Defendants. Time: 9:00 a.m.
Dept. l9
15
Hon. Peter Kirwan
16 Date Filed: September 2, 2016
l7
18 Plaintiff Nhan Tran submits the following response to statement of disputed material facts
19 with references to supporting evidence in opposing t0 defendant Lily Huang Motion for
20 Summary Judgment.
21
22
Moving Party 's Undisputed Material Facts Opposing Party 's Response
23
& Supporting Evidence & Supporting Evidence
24
1. Plaintiff retained Defendant Lily Huang on or Undisputed.
25
about September 30, 2014 to represent
26 Plaintiff in a marital dissolution action
against her ex-husband, Santa Clara Superior
27 Court action #2009-1 -FL- 151 146
(hereinafier “Marital Dissolution Action”).
28
Complaint, 2:4-9, Exh. A, p.1
PLAINTIFF RESPONSE TO SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPORT DEFENDANT
LILY HUANG'S MOTION FOR SUMMARY JUDGMENT l
were you discuss about
them and some
division of
W?
his misappropriation of
what about the QDRO? 1/2 what? pension? heliquidated majority of
were closed without disclosure. these are also important factors
as part of the decree judgment.
me know when
pleaselet you are well enough to discuss these matter?
Date:Fri,19Dec 2014 10:02:43 -0800
from settlement discussion
Subject: notes
From: Ji_ly,|.huang@gmgil‘ggm
To:nhangrawfggthggmaiLng
the scanner
please see attached. islegal size.
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EXHIBIT 13
fi—__ff i , _,V
Re: notes from settlement discussion é
Lily Huang
Mon 12/22/2014 1:44 PM
To Nhan Tran ,‘
chance that you may end up paying more; the minor's account
there's a isanother issue thatl need details you,can you provide statements to
document and verify what you're expressing to me is in fact true.
On Mon, Dec 22, 2014 at 1:42PM, LilyHuang wrote:
should discussQDRO issue with Strasen,most of the information is for the parties
to supply to Strasen directly.
Isee,Ithought you wanted someone else to go forward with this;didn't Amiel sayhe was okay to help you
if need?
really I don'tmind
meeting with you both to talkabout the termst
On Mon, Dec 22, 2014 at 1:37PM, Nhan Tran wrote:
what about the and the qdro? when are you going to response to those? When are you
stipulation them?
avaiIable to discuss
there are multiple mistakes whoie settlement as addressed below. they
in this need to be address as a whole and be
ali what to ask the
clear of
court for reconsideration part or whoIe agreement:
set aside? re—negotiation? go to trial?
etc...
I've The consensus suggestion
interview lawyers per your suggestion to get on board on this matter. isthat the best option
is on
for the attorney
record representedme to rectify thesemistakes with court before
itbecomes final judgment. None of them wants to cleanup the mess since
they were not presence at the supervised settlement and the details were not on record.
judicial The final terms were not specifics to reflect the
mistakes made.
Date: Mon, 22 Dec 2014 11:34:24 ~0800
Subject: Re: notesfrom settlement discussion
From: i_i_|y,|.hg§gg@gmail,ggm
To:nhanggflgrtthggmailggm
Dear Nhan,
for the reconsiderationIneed the following:
1.statements for theUTMA accounts
2.explanation forwhy thisisnew evidence from you; my statement wiIIbe separate from your declaration
for the set aside:
1.thereis a mistakein it was not clear to me that the minors' accounts included the UTMA accounts
referencing minor's savings account,
that hasfuIIbalances. the spreadsheetshows that the minor's account balances were not as funded as you are not telling me.
Who will be your attorney moving forward? should probably letthem be on board make an assessment
with this to of whether to proceed
this route.
ihave quite abitof mucus and head congestion im dealing with.thanks for asking“
kind regards
|in
On Sun, Dec 21, 2014 at 9:09AM, Nhan Tran wrote:
"It seems that you're committed to a set aside and reconsideration. For me the fact that the
utma account has money in it at full value is enough of a mistake to set aside."
Yes. the motion for reconsideration needs to be prepare rightaway, 10 days window.
depending on mistakes do you
(facts, law, duress,etc.t.), think utma acct alone is enough to vonvincejudge to set aside
theaIIterms at settlement?
pIease start the motion now, our only chance to take a crack
it‘s atthe unjust mistakes
ihope you feel better.
EXHIBIT 14
RE: edit
Nhan Tran
Tue 12/23/2014 11:01PM
Huang
To Lily ;
regarding lawsuit,
civil itwas sworn in court. yes. one of the
it is mistakes. argue that to yohanan.he took advantage.
yes, mistakes made. At least $300k in negotiation and $1.6 mil law suit.
so let'sfocus on the motions to set them aside.
MR. YOHANAN: The civil suit, we would like it dropped in its entirety with prejudice.
MS. HUANG: That's all right.
THE COURT: And a dismissal will be on file by November 30th. Okay?
MR. YOHANAN: That's fine.
THE COURT: 2014.
Date: Tue, 23Dec 2014 22:21:20 -08OO
Subject: Re: edit
From: lily.l.huang@gmail.com
To:nhancrawforth@hotmail.com
they were discussed with you,Iwillforward you the notes again.
inregards to the was we
civil suit talked about itduring our phone conversation that my notes had Linden for the and did not note that
civil suit
other defendants are part of the settlement.the suit
civil should be dismissed inregards to Linden the issue of misappropriation
if isresolved.
as to other defendants,I
don't know them nor are they part of the suit in family court.
they were included
if in lastminute that was not part of
the discussion, and|
did not hear John mention that othernamed defendants be dismissed, Id0 agree that as against Linden, should be with
it
prejudice.
where isthe document you saidyou willsend me?
On Tue, Dec PM, Nhan Tran
23, 2014 at 10:15 wrote:
please show the notes that showed these details/terms that were discussed to me other than numbers? No, they maybe
discussed during negotiafion but not with me!
also please show me notes that said linden only and not other defendants.I was not asked nor discussed on this matter at
"
any time including allthe terms. you agreed in court without even discussing it with me: page 5, line 1 that's alright".
please look at yohanan's settlement, lt seemed like got everything were asked and a lot more. I sent email asking you to
focus on preparation for settlement, none were discussed and no worksheet prepared. all you asked was for the whole
Unread of the email.
so, please provide me with your notes (other than the one emailed) that those terms were discussed with me.
Date: Tue, 23 Dec 2014 20:47:32 —0800
To: WWW
Subject: Re: edit
From: lilylhuaLIgngaime
the attachment A isthe spreadsheet exhibitinthe Petitioner's exhibit
list.
we discussed these details during recess.
On Tue, Dec 23, 2014 at 8:36PM, Nhan Tran wrote:
please letme look over the drafl first before sending to john. too many changes/dram gets confusing.
allthese deans were not on records nor were discussed with me during negotiau‘on.
yohanan willuse of
all them to his advantage later.
where's me attachment A mentioned?
Date: Tue, 23 Dec 2014 19:11:48-O800
WWW
Subject: edit
From:
T0:
lilymuangfifigmalmm
please see attached. lam going to send John the same. with the reservation that you
willprovide more
changes indue course.
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EXHIBIT 15
RE: my edits
Nhan Tran
Wed 12/24/2014 11:11AM
TcLin Huang <|ily.|.huang@gmail.com>;
we serious need to discuss these legal matters and lawsuis when are you available? you cannot delay further.
lily.
there are a lot of money at stake here and motions need to be brought forward to rectify the mistakes.
yohanan
talking to willnot work. he took full advantage of this case. pursue it in other venue of laws.
the only way!
Date:Wed, 24 Dec 2014 10:5l229—0800
Subject: Fwd:my edits
From: |ily.l4huang@gmai|.com
To: nhancrawforth©hotmaiLcom
----------
Forwarded message
From: Huang
Lily <|_i|y,l.hg§ng@gm§il.ggm>
Date: Wed, Dec 24,2014 at 10:50AM
Subject: Re:my edits
To: John S Yohanan
lwillneed to go to my today to
office later retrieve the spreadsheet.for the sake of clarity for the parties
and future enforcement matters, it
may be beneficial to include the accounts that were considered.
thank you for your feedback, im reviewing them too“
On Wed, Dec 24,2014 at 10:28AM, John S Yohanan wrote:
Ms. Huang:
Attached isthe final revised stipulation for judgment. |wi|l address the changes |
made in the order of the paragraph numbers noted by you in your email from
yesterday's date.
1a. l changed $1 million to$1,100,000. No further change was made as the record
was silent on identification of the accounts.
lb. No change was made. There ls no exhibit A. however, if you want to prepare an
exhibit | will consider adding it. The reference to the balance of the 401(k) was not
added as the facts are clear, the balance is on deposit with fidelity.
1c. no change was made. Everything is disputed in this case, not just the amount of
arrears. It does not matter what your client claims the amount was. it is not
necessary to include itin the stipulated judgment. There is already a paragraph
regarding waiver of the fair rental of the value of the residence. There was no
agreement that fair rental be waived after September 2017 should your client not
cooperate with the sale of the property or ifthe purpose of the occupancy of the
residence by your client should fail to exist.
3. $79,000 isthe accurate figure. Income was imputed at the rate of $38 per hour.
7. l have modified this paragraph.
10. Your notes are not correct. Regardless, the entirety of the action has already
been dismissed with prejudice. This is a moot point.
11. There is no exhibit A. No modifications were made. This applies to all
educational accounts, including the one that will be created in the future from your
client's share of the home sale proceeds.
Additional terms
2. I have revised this to simply state any existing life insurance policies.
l have also added a paragraph 12 regarding the eldest daughter’s vehicle.
You mentioned in an email that your client will have input. This is unacceptable. Your
client's input delayed conclusion of this case for five years. The attached stipulation
must be signed and in my office by December 31, 2012 at 2 PM. No further delays
will be tolerated.
John S. Yohanan
Attorney at Law
333 W. Santa Clara Street Suite 620
San Jose, CA 95113
Telephone: 408-297-0700
Facsimile: 408-297—7788
E-Maii: john@isy.ehananlaw.s_qm
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From: LilyHuang [mailto:flyMg@,gmaime]
Sent: Tuesday, December 23, 2014 8:49 PM
To: John S Yohanan
Subject: Re: my edits
the 300k was reduced from the original 317kinand thatMr Crawforth shallpurchase a new vehicle for daughterupon passing
of driver‘s license test.
On Tue, Dec 23, 2014 PM,
at 7:14 Huang
Lily wrote:
Also please note that Ms. Tran
willhave her own input in due course.
EXHIBIT 16
[_,
RE: declaration
Nhan Tran
Mon PM
12/29/2014 4:19
Huang ;
To Lily
Lily,
thank you for the info. I appreciate your willingness to file the mofions. it was good to meet and dear up some unclear issues at
the judicial settlement mat resulted in the terms recited in court since 11/18/14. I now have a better understanding of some of
the facb revealed yesterday of what occurred in me judicial settlement. We need to find ways to rectify disc mistakes. I will
list them in spreadsheet for ease of comparisons and to look for causes/facs for the mofions. what are the legal ramifimu‘ons of
those terms I were railroaded and sworn in court (without prior knowledge/discussion/advise)? Please limit your communicate
to yohanan with care in legal matters. he'll use them to mke advanmge.
We also need to prepare for his filing the 664.6 motion to enforce by 12/31/14:
stipulation-
the terms were incorrect prepared and did not reflect the actual terms recited in court. me details of those
terms were excluded and not clearly specified, especially, his various misappropriation of the 401k's and IRA's. they were
the asses.
listed in
payment of $300k.
termination of spousal support
termination divorce
modify child support wim imputation
no medical coverage for me and I'm not
(he's not providing info. for cobra qualify forObama care program due to low
income)
1.mmgmmymmedm
They were jolnt spousal consent since opening about 1 year of age including gifls from family.He did not dispute mem.
0n he asked to be transferred to his contol.
his trial brief, item J,
He has control of 2 of theirUl'MA accounts listed already.
at the MSA on 11/6/14, the same questions asked. I refused. reasons stated mat he's an alcoholis with financial
destruction trad< records. he has no dedslons making in regarding children's welfare, activifies, or involvement in their
daily lives. therefore, should not have control.This was the reason of yohanan filed die limine motion before trial. he did
not want his medical records on trial.
2. WW: Court order in March 2012.
theirmoney to spend.
100% timeshare to mother with the rights to make decisions. his sole purpose was to have
below are some facts under this code. we need to come up with strong facts to support fliis motion. What about taxes
implication on utma accts? His contempt for not provide bonuses received nor payments?
Have you consider item #3: the need to correct a clear error of law or ho prevent manifest injustice?
Your idea of item #1 as basic for this motion in regarding new evidence that not previously available. what basic do you
consider that it was not available regarding the children's accounts. facts were given in mine and Reese's
spreadshees. I believe your misunderstanding of facts and/or interpretation of the existence of the kids' accts during
settlement. These accts. were also stated in the final disdosure/declaration as (S) separate properties. the accml
provided you were to confirm their funds are accountable for. they are separate properties belong to the kids and should
not have been induded in the marital asset's division. whose decision was to include them? this is the error that should
be pointed out.
I've reread the deposition. your undersbnding of my aces and inte/pretation here are incorrect regarding property
in vestmens and family’s gifis of help. these monies came from separate aa'ts. l gave you cvpies of the property title.
my final declaration, he also bought land in Philippines a/so.”a/so there 13; a chance 0f the other party’s raponse ta our
request for set a:lde; the alleged new evidence you ’re providing me in mil soon depending on what you declare, mayl
used against you. Based on my review of your deposition, the other party may be inclined to say that you intentionally
failed to account for the monies and raise we doubt that your excuse that the monies went to bad investmens and yo
sister’scancer and to your brother were al/fabricated go for more than they are currenfly asking fdr
o as for the $1.1 million you were thinking on yohanan's settiement worksheet, it indudes the $615k value of the trellis
home, utma's, my separate accounts and community accouts. I wanted a buyout and this was not the case. So basically,
your negotiation were all to his benefits. The math shown is dear on that sheet. what they did not show were his
misappropriafions of over $1 mii currently worth of 401ks after ATRO and stocks.
o I have not seen any of my claims to my benefits in all of these negotiation results?
o I don't believe there was a worksheet prepared for the settlement or the terms were discussed with me.
3- MM
o
'
n
Does
74 (magnet.
thisneed to be filed inconjunction with 1008 or later?
As the attorney on record with sworn duty to protect, advise on legal matters and to advocate/represent dient's best interests
at tn'ai or during setdement. There seemed to be a lot of presumptions and mistakes made during negotiation and terms at
sworn in at court. I'm asking you to do the right thing to rectify these erroneous mismkes that would be UNJUSI’ and are
causing major financial damages if not corrected now. Please carefully consider more opfions to convince the judge to vacate
the settlement. You were there in the chamber with her so you would know how she worked.
we'll discussmore,
ake are, n.
here are some info.I've read.
Mpzflwww lggglggggggiutigns cgm[Iawsgorgblggzghe-angtgmy—gf-a-gogcgssful-reconsideration-r§qg;t[
A motion for reconsideration isgenerally allowed only on one of these grounds where there has been an intervening change in
the controlling law, where new evidence that was not previously available has become available or where it is necessary to
correct a clear error of law or to prevent manifest injustice.
The Federal Rules of Civil Procedure do not spedfically provide for the filing ofmofions for reconsideration. Instead, such
motions for reconsideration request are treated as a motion to alter or amend a judgment under Fed.Rules Civ.Proc.Rule 59(e)
or motions for relief from judgments or orders under Fed.Rules Civ.Proc.Rule Rule 60(b).
The purpose of mouon to reconsider is to correct manifest errors of fact or to present newly discovered evidence.
Therefore granting motions for reconsideration for lesser causes not only wastes judicial resources, but is also unjust to the
parties that have invested the time and effort arguing on the original papers.
A mofion for reconsideration is generally allowed onlyon one of three grounds:
1. where there has been an intervening change in the controlling law;
2. where new evidence that was not previously available has become available; or
3. where it is necessary to correct a clear error of law or to prevent manifest injustice.
Generally, a motion for reconsideration should addresses only factual and legal matters that the Court may have overlooked. It
may not be used to argue a new legal meory. It is improper on a motion for reconsideration to ask the Court to rethink what it
had already thought through-rightly or wrongly. Mere dissatisfacu'on with the court’s ruling is not a proper basis for
reconsideration. However, in addressing the claims of a party on a motion for reconsideration, the court is free to expand upon
or clarify the reasons supporting itsprior ruling.
Mofions be considered when filed more than ten days
for reconsideration will not generally after thejudgment at issue is
entered.
h___ttp:[[www.leg§leasesglggignsggm[lawstgreblgg motion—f r-rc n i r tin
The strategy for a motion to reconsider needs precision and swiftness. Articulate preciselyand economically the grounds for
reconsideration.Trialcourts generally do not prefer too many motions for reconsideration in their dockets. Therefore,
you need to
have solidgrounds for evoking the motion. Cite the specificgrounds that best apply to your situation.Generally a Motion for
Reconsideration is under three grounds:
filed
The
1. new evidence not
availability of previously available;
2.An intervening change in controllinglaw; or
3.The need to correct a clear error of law or to prevent manifest injustice.
The motion should specificallyinclude the controlling cases or legalerrors thatthe attorney believes the court has overlooked or
erred. important
it's to remember that a Motion for reconsideration isnot an opportunity to already
re-litigate decided issues It
should never be a medium to put forward additional arguments that could have been made but neglected to make before
judgment. Where evidence isnot newly discovered, may not be submitted in support of a Motion for Reconsideration.
it
economy to the court. Permitting a trial court to correct any mistakes pn'or to entry
Apart from the above, urge the policy of judicial
of finaljudgment serves the economy and the rules for reconsideration
interests ofjudicial fulfills the same.However, remember to
keep your tone neutral and not appear to be critical or argumentative in nature.
One of the advantages of going in for a Motion for reconsiderationis that it acts as a cost effective appeal. You don't
have to pay
fresh filingfees or submit records to overcome the wrong decision.You just need to convince the court that new developments,
new
accurate law or a correct view of the factsjustify a ruling.
Date: Sun, 28Dec 2014 20:45:50 -0800
Subject Re: declaration
From: |in.|.huang@gmail.com
To:nhancrawforth@hotmail.com
W)
Inregards toUTMA accounts, CA isa community property state, despite CA case law has
your research and sentiment/rationale, estainshed the
following:
"Custodial gifts" to minors under the Uniform Transfers to Minors Act and convey to the minor
are ”irrevocable"
'indefeasibly vested' [Prong
the custodial property.
title in §32mm] Even so, funded with community personal property, such
if are
gifts
made 1051M,
Fam g
vulnerabie to attack under § 1199(9) unless
33}, 322-323 Marriage offitQ/Iwgrth(W) 122 gAid 742,fi_3, 237 QR flaw lMgrr/aggiflgghgnggn (Fm)
withjoint spousal consent. 152gAfig 293 QR
0n Sun, Dec PM,
28, 2014 at 7:53 LilyHuang wrote:
Dear Nhan,
itwas good to finally meet. even in the circumstance that
l lrest for the evening, do provide me
am still recovering; before
your declaration
in new evidence
regards to the thatisnow available to you, namely the now recovered checks and the bank‘s
them even though they
willingness to reissue are expired.Please also detail why they weren't provided or clearly discussed
on the schedule
previously at depositions or to the other party or listed of asset/debts (or property disclosure).
Funding (and the UTMA
withdrawal) of
later unilateral accounts isnot exempt from fiduciary duties. the other parent/party has
know about the funding and how
the right to these accounts were cared
for.
A new evidence;if you
reconsideration under ccp 1008 requires 473 inconjunction with ccp
are alleging mistake/duress, ccp
1008 motion would be a good idea.However, there arerisksinvolved the process.
in restarting you will have to meet
still
make sure you
evidentiary burdens, hireyour experts and provide them documents that they ask
for.the outcome of a
judgment may be different than the settlement proposal better or worst.
itself,
also thereis new evidence
a chance of the other party's response to our request for set aside; the alleged me
you‘re providing
soon depending on what you
in full declare,may be used against you.Based on my review of your deposition,
the other party
may be inclined to say that you intentionally failed to account for the monies and raise the doubt that your excuse that the
monies went to bad investments and your sister's cancer and to your brother were all fabricated go for more than they are
currently asking
for.
of course whateveryou communicate to me confidential.
is Since |am aware of the utma accounts and
their recovered checks,
Icannot sign thestipulation.
kind regards
lily
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