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  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
  • Michelle Dang vs Michael Tran Other Contract Unlimited (37)  document preview
						
                                

Preview

Cc ON DH BF YW HH N NY YN YN NR KY NY SB Be Be Be Be eB eB me oN DA BF Bw NY = S60 we AA HR wD DH = SS TRAVIS H. WHITFIELD SBN 195108 ANTHONY J. CALERO SBN: 194454 Law Offices of Travis H. Whitfield, Inc. 2055 Junction Avenue, Suite 138 San Jose, California 95131 Telephone: (408) 879-9039 Facsimile: (408) 879-9327 Attorney for MICHELLE DANG SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA } CASE NO.: MICHELLE DANG ) ) COMPLAINT FOR DAMAGES AND TO Plaintiff, ) IMPRESS CONSTRUCTIVE TRUST ) vs. ) ) MICHAEL TRAN and DOES 1 ) through 10 } Defendants. } Plaintiff MICHELLE DANG (hereafter "Plaintiff") alleges as follows: GENERAL ALLEGATIONS 1. Plaintiff is an individual living in Santa Clara County, California. 2. Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, defendant MICHAEL TRAN is an individual living in Santa Clara County, California. 3. Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, defendants DOES 1 through 10 are persons and/or entities of unknown origin living or doing business in Santa Clara County, California. Plaintiff will amend this Complaint to show the true names and capacities of these Defendants once they are ascertained. 4. In or about June 2011 Plaintiff and Defendant commenced living together and did so for COMPLAINT FOR DAMAGES AND TO IMPRESS CONSTRUCTIVE TRUST -1-oO IN DH BF BW NY Nb NR YN YN NR NY NY Bee Be Be Be ewe Be Be eB oN A A BF BY F&F So wH& AA A ROH SF S 10. 11. 12. the next 8 years. In all respects Plaintiff and Defendant treated each other as husband and wife and held themselves out to family and friends as husband and wife. In or about December 2012, Plaintiff and Defendant exchanged marital vows with each during a ceremony at “Lady of Peace”. Two years later, in or about December 2014, Plaintiff and Defendant held a wedding reception and invited approximately 70 family and friends to celebrate their union. In or about June 2014, Plaintiff and Defendant moved into a house they chose together and purchased at 10791 Dougherty Avenue, Morgan Hill, CA 95037. As part of the contract implied by the conduct of the parties, Plaintiff contributed her earnings and financial contributions from family and friends for the purpose of acquiring assets, including the residential real property in which the parties resided, for the purpose of maintaining the parties’ household, and for the purpose of paying the mortgage on the house, the parties’ household expenses and other debts incurred by the parties. Plaintiff also devoted her entire skills, efforts, and labors to physically maintaining and improving the parties’ household and residential real property. As a further part of the contract implied by the conduct between the Plaintiff and Defendant, Defendant understood that plaintiff would perform, expend, or contribute such skills, efforts, labors, and earnings on the condition that Defendant would combine his skill, effort, labor, and earnings with those of the Plaintiff and would share any property acquired as a result of those skills, efforts, labor, and earnings with Plaintiff. Thereafter, Defendant manifested his assent to the condition on which Plaintiff performed, expended, and contributed her skills, efforts, labor, and earnings as herein described by accepting the skills, efforts, labor, and earnings of Plaintiff, and treating those skills, efforts, labor, and earnings as the joint property of both Plaintiff and Defendant. Thereafter, in confirmation of this mutual understanding between Plaintiff and Defendant, Plaintiff and Defendant both understood that all skills, efforts, labor, and earnings, that each party had performed, expended or contributed and all property COMPLAINT FOR DAMAGES AND TO IMPRESS CONSTRUCTIVE TRUST _ -2-CO YD HW RF BW YN NN YY NY NN NHN NY BB eB Be Be eB eB Be oN AH BF BH |= SoCo we ADAH BR wD NH | S 13. 14. 15. 16. 17. 18. 19. acquired therewith, was to be treated as their joint property. Each party understood that, although one party may retain title, possession, custody, or control of the joint property, he or she would account for such property to the other party at the termination of the relationship, when either party manifested an intent to discontinue living together with the other party. At the time Plaintiff and Defendant commenced living together, and at all times during their relationship while they lived with each other, the most confidential relations existed between Plaintiff and Defendant and plaintiff reposed the greatest confidence and trust in Defendant. Based on the parties’ relationship and based on Defendant’s request that he be allowed to manage all aspects of the parties’ financial affairs, Plaintiff entrusted Defendant to manage and care for all the joint property acquired and accumulated during the term of the relationship, and to account for all joint property acquired an accumulated through the joint efforts of Plaintiff and Defendant. As a result of this confidence reposed in Defendant, and of which defendant was aware, defendant did retain title, possession, custody, and control of the joint property herein described. In or about June 2019, Plaintiff and Defendant ceased to have a relationship with each other and Defendant moved out of the home they had shred as community property since 2014. Since defendant moved out of the home on Dougherty Avenue he has continued to request that Plaintiff move out of the family home and has threatened eviction proceedings if she fails to do so. Plaintiff thereupon requested that Defendant account to her all the joint property acquired an accumulated during the period in which they lived with each other. As a result of the trust and confidence Plaintiff reposed in Defendant, Plaintiff relied on Defendant to perform his agreement with Plaintiff and to disclose fully all of the joint property of the parties, its nature, extent, and value, and relied on Defendant to divide the joint property of Plaintiff and Defendant in a manner that would result in a COMPLAINT FOR DAMAGES AND TO IMPRESS CONSTRUCTIVE TRUST _ -3-cm YN DAH BF Ww HY Be N N Ye Ye YN NR NY NY B= Be Be Be Be eB Be SB eB ort nun Fw YH = SO we AA WD PB WwW KH KH TS 20. 21. 22. Mf Hf Mt substantially equal division of the property. Defendant knew and was apprised of the trust and confidence so reposed in him by Plaintiff. In response to Plaintiff's request to account for all joint property acquired and accumulated through the joint efforts of Plaintiff and Defendant, defendant violated the confidence Plaintiff had placed in him and fraudulently repudiated the mutual understanding that had existed during the period in which Plaintiff and Defendant lived with each other by representing to Plaintiff that he did not have in his possession, custody, or control any property in which Plaintiff was entitled to share; by refusing, and continuing to refuse, to account for any property in his possession, custody, and control; and by refusing, and continuing to refuse, to disclose to Plaintiff the full nature, extent, and value of the joint property. Plaintiff is informed and believes and thereon alleges that the amount of joint property acquired and accumulated during the period in which Plaintiff and Defendant lived with each other is extensive and includes the real property located at 10791 Dougherty Avenue, Morgan Hill, CA 95037, furniture and furnishings, vehicles, financial accounts, business income, rental inclome, and retirement accounts. Plaintiff will seek leave to amend this complaint to insert a complete and more specific description of this property when she can be ascertained. Because of the violation of the confidence Plaintiff had placed in Defendant and of the repudiation of the mutual understanding between Plaintiff and Defendant respecting the treatment of all property acquired an accumulated through the skills, efforts, labor, and earnings of Plaintiff and Defendant, and each of them, Defendant should be declared by this court to be an involuntary trustee, holding one-half of the joint property, and the Tents, issues, profits, and equity therefrom in constructive trust for Plaintiff with the duty to convey the same to her forthwith. COMPLAINT FOR DAMAGES AND TO IMPRESS CONSTRUCTIVE TRUST -4-oO YW DH BW NY YY N DY N NY N NN Dee eee i ont nuk BHF So we HN DA BF YW NH KH SS WHEREFORE Plaintiff MICHELLE DANG prays for judgment against DEFENDANT as follows: 1, That Defendant be compelled to account for all the joint property acquired and accumulated through the skills, efforts, labor, and earnings of Plaintiff and Defendant, and each of them, during the period of their relationship; That on ascertaining the nature, extent, and value of the joint property, the court order a division of the property between Plaintiff and Defendant, and that Defendant be declared the constructive trustee of one-half of the property and be compelled to transfer legal title and possession of one-half of that property and one-half of any rents, issues, profits, and equity therefrom to Plaintiff; Or, in the alternative, that the court ascertain the nature, extent, and value of the joint property and award Plaintiff damages for breach of contract in the amount of one-half the value of that property; For punitive damages based on defendant’s fraud, oppression, and/or malice. For attorney’s fees and costs of suit incurred herein and; For any other and further relief that the Court may deem proper. 2 / ? Dated: October 2, 2020 fA, ANTHONY). CALERO, ESQ. Attorney for Plaintiff COMPLAINT FOR DAMAGES AND TO IMPRESS CONSTRUCTIVE TRUST | -5-