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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
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10.
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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
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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
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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.
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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
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