Preview
Alexander W. Munn, Esq. (SBN 166915)
Robert J. Enos, Esq. (SBN 182956) FiLED
BPE LAW GROUP, PC su ercourty of eiscee
2339 Gold Meadows Way, Suite 101
Gold River, CA 95670 JAN 22 2019
Tel. 916.966.2260 Jake Chatters
Fax 916.346.4880 Execut er & Clerk
By: Se, Deputy
Attorneys for Plaintiff
Perminder Bisla
SUPERIOR COURT OF CALIFORNIA
COUNTY OF PLACER
PERMINDER BISLA, Case No”
Plaintiff, COMPLAINT
) 1. Partition by Sale and Accounting
a 2. Fraud
HARJOYTE S. BISLA, VICTORIA E.
BISLA; all persons unknown claiming any )
legal or equitable title,estate, lien or interest in)
17 the real property described in the Complaint )
junior to Plaintiff's Title; and DOES 1-25, )
18
inclusive,
19 )
20 Defendants.
)
21 )
22
23 Plaintiff, PERMINDER BISLA, (‘Plaintiff’) alleges as follows:
24 INTRODUCTION TO CASE
25
Plaintiff seeks an order of partition, accounting and contribution as to certain real
26
property located at 6260 Arctic Loon Way, Rocklin, California 95765 (the “Property”) in which
27
28
COMPLAINT FOR PARTITION AND ACCOUNTING
i
she holds an undivided 50% ownership interest. Plaintiff further seeks a monetary judgment for
damages as to defendant, Harjoyte S. Bisla for fraud.
JURISDICTIONAL FACTS
1. Defendant Harjoyte S. Bisla (“Defendant Harjoyte”), was at all times herein
mentioned, owner of an undivided 50% interest of the Property as Joint Tenant with his ex-wife,
Defendant Victoria E. Bisla, which isthe subject of this dispute, and on information and belief, is
a resident of Placer County, California.
ms Defendant Victoria E. Bisla (“Defendant Victoria”), was at all times herein
10
a mentioned, owner of an undivided 50% interest of the Property as Joint Tenant with her ex-
12 husband which isthe subject of this dispute, and on information and belief, is a resident of Las
13
Vegas, Nevada.
14
Si Plaintiff isignorant of the true names and capacities of defendants sued herein as
15
16
“all persons unknown claiming any legal or equitable title,estate, lien or interest in the real
17 property described in the Complaint junior to Plaintiff's Title”. Plaintiff will amend this
18 complaint to allege their true names and capacities when ascertained. Plaintiff isinformed and
19
believes and thereupon alleges that each of the fictitiously named defendants claim some right,
20
title,estate, lien or interest in the Property and their claims are junior to the Plaintiff's title
21
22 interest.
23 4. Jurisdiction isproper as the Property in question is located inthe City of Rocklin,
24
County of Placer, State of California.
25
2. Plaintiff isignorant of the true names and capacities of defendants sued herein as
26
DOES 1-25, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will
27
28 amend this Verified Complaint to allege their true names and capacities when ascertained.
COMPLAINT FOR PARTITION AND ACCOUNTING
Z
Plaintiff isinformed and believes and thereupon alleges that each of the fictitiously named
defendants are responsible in some manner for plaintiff's damages as herein alleged.
6. Plaintiff isfurther informed and believes and thereupon alleges that at all times
herein mentioned each of the defendants was the agent and employee of each of the remaining
defendants and in doing the things hereinafter alleged, was acting within the course and scope of
such agency and employment.
FACTUAL SUMMARY
7 Plaintiff and Defendants are related by marriage. Defendants Harjoyte and
10
11 Victoria were once married but are now divorced.
12 8. On or about 2011, Plaintiff and her then living husband partnered with
13
Defendants and purchased the Property as an investment. Plaintiff resides in London, England.
14
At the time of the purchase, Defendants were residing in Placer County, California.
L5
9. The terms of the deal were these:
16
17 a. Purchase price of $261,500 (see Transaction History Report attached as Exhibit
18 “2” reflecting purchase price);
19
b. Plaintiff/husband would contribute $100,000 towards purchase (see wire transfer
20
of $99,500 from Plaintiff's account in India to Defendant Harjoyte attached as Exhibit 3”);
21
22 c. Defendants would contribute $100,000 (see wire transfer of $99,500 attached as
23 Exhibit “4” to Defendant Harjoyte);
24
d. A mortgage would be taken for the remaining $61,500;
25
i, the Property would be used asa rental — after expenses were paid, the profit
26
would be divided equally (see notes of expenses and expected profit attached as Exhibit “5”).
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28
COMPLAINT FOR PARTITION AND ACCOUNTING
3
10. Defendants did not divide the yearly profits with Plaintiff/husband until 2014,
when Defendant Harjoyte wired the sum of $20,040.00 to Plaintiff as compensation for the past
due profits. Defendants have failed to pay Plaintiff any sums since that one and only transfer.
11. Critically, itwas later learned that defendant Harjoyte obtained a loan on the
Property, unbeknownst the Plaintiff, in the amount of $195,899 on or about September 14, 2018
(see Deed of Trust attached as Exhibit “7”). This was contrary to what was agreed to between
Plaintiff and Defendant Harjoyte. As ismore fully explained below, Defendant Harjoyte lied to
Plaintiff about the terms of the transaction and based on information and belief, used the
10
11 $100,000 contribution from Plaintiff not for purchase of the Property as agreed, but instead for
12 his personal use. This lawsuit is the result.
13
FIRST CAUSE OF ACTION
14 Partition and Accounting
(As to All Defendants)
15
12. Plaintiff reiterates all allegations contained in paragraphs 1 through 1 as if set
16
17 forth in fullherein.
18 13. Ownership of the Property isas follows: on or about September 14, 2011,
19
Defendant Harjoyte purchased the Property. Thereafter, on September 15, 2011, he transferred
20
interest to himself and Defendant Victoria as joint tenants. On September 28, 2011, defendant
21
22
Harjoyte and defendant Victoria transferred 50% interest to Plaintiff and her then living husband
23 as joint tenants. (see Grant Deed attached as Exhibit “1").
24
14. At the time the Property was acquired the parties were related by marriage and
25
were cooperative. However, that relationship subsequently broke down and the parties have gone
26
their separate ways. Recently, the tensions have increased between the parties related to the
Property to the point where the parties can no longer effectively co-own the Property. Therefore,
co
th
COMPLAINT FOR PARTITION AND ACCOUNTING
4
on or about October 30, 2018, a good faith meet and confer letterwas sent to the Defendant
Harjoyte demanding the Property be sold and the proceeds split. Attached hereto as Exhibit 6 is al
true and correct copy of the Meet and Confer Letter. The letterfurther indicated that if the
Defendant failed to cooperate, Plaintiff would exercise her ri ghtto force the sale of the Property
and seek attorney’s fees and costs to the extent allowed by law.
15. Defendant Harjoye has denied the existence of the partnership and denied that he
received the $100,000 from Plaintiff. The parties are at an impasse.
16. Plaintiff has made reasonable attempts to resolve this matter without resulting to a
10
11 lawsuit but has been thwarted by the efforts of Defendant.
12 17. A dispute has now arisen between Plaintiff and Defendant concerning their
13
respective rights and obligations concerning the Property. Plaintiff should be allowed to partition
14
the Property by sale unless the Defendant wishes to buy out the Plaintiff's interest in the Property
15
at fair market value. Plaintiff is informed and believes Defendant is unable or unwilling to buy
16
17 out Plaintiff's interest in the Property.
18
18. Asaresult of Defendant’s failure to voluntarily agree to the sale or listing for sale
19
of the Property, Plaintiff has suffered or will suffer damages caused by being deprived of the use,
20
benefit, enjoyment and value of it’slawfully owned property as well as consequential and
21
22 incidental damages incurred according to proof.
23 19. Plaintiff desires to sever the ownership interest they have with Defendants in the
24
Property and obtain the value of its proportionate interest through the partition by sale of the
25
Property.
26
20. Plaintiff further seeks an accounting of all expenditures and profits which each
27
28 party has made or acquired in acquisition, support, and maintenance of the Property since its
COMPLAINT FOR PARTITION AND ACCOUNTING
5
acquisition on or about September 2011, and that such accounting be used as an equitable offset
against the sale proceeds, any rent collected from tenants, such that each party recovers their fair
share related to the Property with Plaintiff to then receive /2 of any remaining sale proceeds.
WHEREFORE, Plaintiff prays for judgment against defendants, and each of them as set
forth below.
SECOND CAUSE OF ACTION
Fraud
(As to Defendant Harjoyte)
21. Plaintiff reiterates all allegations contained in paragraphs | through 20 as if set
10
11 forth in fullherein.
12 22. Onor about April 201, Defendant Harjoyte represented to Plaintiff that he, along
13
with Defendant Victoria, were to purchase the Property as an investment. Defendant Harjoyte
14
further represented to Plaintiff that Plaintiff's contribution of $100,000 was to be used towards
15
the purchase price of the Property of $261,500, in combination of Defendant Harjoyte and
16
da Victoria’s contribution of $100,000.
18 23. Defendant Harjoyte further represented that a mortgage in the amount of $61,500
19
(the remaining balance owed) would be taken out on the property. Expected profits would be
20
divided as shown on Exhibit 5.
21
22 24. Defendant’s representations were false. Defendant did not use Plaintiff's
23 $100,000 as a down payment, and instead obtained a mortgage on the Property in the amount of
24
$195,899. Plaintiff is informed and believes that Defendant used the $100,000 provided by
25
Plaintiff for his personal use. Further, Defendant has failed to split the expected profits.
26
27
28
COMPLAINT FOR PARTITION AND ACCOUNTING
6
25. Defendant knew his representations were false when he made them, as he
obtained the mortgage only 2 weeks prior to the time he placed Plaintiff on title to the Property
(Exhibit “1”). Such representations were reckless and without regard for the truth.
26. Defendant intended that Plaintiff rely on these representations.
27. Plaintiff reasonably relied on these representations.
28. Plaintiff was harmed, and Plaintiffs reliance on Defendant’s representations was
a substantial factor in causing Plaintiff's harm.
WHEREFORE, Plaintiff prays forjudgment against defendants, and each of them as set
10
11 forth below.
12 PRAYER FOR RELIEF
13
FIRST CAUSE OF ACTION
14 (Partition - Accounting)
LS i. For an Order that the Property be sold, that a receiver, referee or special master be
16
appointed to facilitate the sale, and that allproceeds of sale, after payment of liens, be
17
apportioned between the parties and Plaintiff to receive 50% of the proceeds;
18
19
z. For an Order for Accounting of all income, expenses, and contracts concerning
20 the Property;
21
3. For attorney fees and costs of suit herein incurred; and
22
4. For such other and further relief as the court may deem proper.
23
SECOND CAUSE OF ACTION
24
(Fraud -Accounting)
25
i For general damages in an amount according to proof;
26
a For punitive damages according to proof;
27
3. For costs of this action in an amount according to proof;
28
COMPLAINT FOR PARTITION AND ACCOUNTING
7
4. For such other and further relief as the Court may deem proper.
DATED: ji L/ / L /) ly BPE LAW GROUP, PC.
Alexan
(|
. Munn, ;
Attorne r Plaintiff
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COMPLAINT FOR PARTITION AND ACCOUNTING
8
EXHIBIT 1
IW
PLACER, County Recorder
JIM MCCAULEY
RECORDING REQUESTED BY: DOC- 2011-0096902-00
1008
MONDAY, DEC 5, 2011 10:38:38
AND WHEN RECORDED MAIL TO
MIC $3.00 | AUT $1.00 | SBS $0.00
AND UNLESS OTHERWISE SHOWN BELOW,
MAIL TAX STATEMENTS TO: ERD $1.00 | RED $1.00 | REC $9.00
ADD $0.00
MR. HARJOYTE S. BISLA
2134 HANNAH WAY Ttl Pd $15.00 Rept # 02158217
ROCKLIN, CA 95765 clk46ml1£31/SM/1-1
THIS SPACE FOR RECORDER'S USE ONLY:
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $-0-
[X]computed on full
value of property conveyed, or
[ ]computed on full
value less valueof liensor encumbrances remaining at time ofsale.
[ ]Unincorporated area [X] Cityof ROCKLIN AND
"This isa bonafide giftand the grantorreceived nothing inreturn, R& T 11911."
FOR A VALUABLE CONSIDERATION, receipt ofwhich ishereby acknowledged,
HARJOYTE S.BISLA and VICTORIA E.BISLA, husband a ndwife as Joint Tenants
hereby GRANT(s) to:
JAS
HARJOYTE SINGH BISLA and woronige BISLA, husband and wife as Joint Tenants, as to an
undivided 50% interest and 4 INGH BISLA, and PERMINDER KAUR BISLA, husband and wife
as Joint Tenants, as to an undivided 50% interest,together as Tenants in Common
the realproperty inthe Cityof ROCKLIN, County of PLACER, State ofCalifornia,described as:
Lot 51,as shown and designated on that map entitled
"Platof Sunset West Lot 36, Phase A",filedinthe officeof
the County Recorder of Placer County, Californiaon December 23,1999, recorded inBook "W" ofMaps, atPage
1.
Also Known as: 6260 ARCTIC LOON WAY, ROCKLIN, CA 95765
AP#: 365-080-051
DATED September 28, 2011
STATE OF CALIFORNIA HA\RJOYTE S. BISLA
COUNTY OF P] ace
On é
1G lqf = a
who proved to me on thebasis ofsatisfactory
evidenceto be
the person(s)whose name(s) is/aresubscribedto thewithin Ri sroeanes:
instrument and acknowledged to me that he/she/they JENNIFER KAY ALVA E
executed the same inhis/her/their
authorizedcapacity(ies), 4 COMM. #1935059
and that by his/her/their
signature(s)on the instrumentthe NotaryPublic-California
§
person(s),or theentityupon behalfof which theperson(s)
PLACER e
acted,executed theinstrument. My Commission
Expires
May5,2015
| certify
underPENALTY OF PERJURY underthelaws oftheState RELA
LLETE Ee
ofCalifornia
thattheforegoing
paragraph
istrueandcorrect.
WITNESS my handand official
seal.
int (Thisarea forofficial
notarial
seal)
aaa
EXHIBIT 2
~
Transaction History Report
6260 Arctic Loon Way, Rocklin, CA 95765-4778 Reference ID:Bislaconsult
APN: 365-080-051-000 PlacerCounty Dataasof:10/03/2018
Current Owner: Bisla
Harjoyte S / Bisla
VictoriaE
Vesting:
Husband And Wife/ Tenants
InCommon /Ea
2011 - Present
LIENS
Date Type VerifiedAmount Borrower(s) Lender LoanType Type/ Term Rate Document#
09/14/2011 Trust wv $195,899 Bisla
Harjoyte
S American Conventional
Fix/ 2011.71742
Deed/Morig
age Pacific
Mig
Corp
CONVEYANCES
Date RecDate Verified
Price Type Titie
Company Buyer Seller Document#
09/28/2011 12/05/2011 Bisla
Harjoyte
S/ Bisla
Victoria
Bisla
Harjoyte
S& Victoria
E 2011.96902
E
09/09/2011 09/15/2011 North Bisla
Harjoyte
S/ Bisla
Victoria
Bisla
Harjoyte
S
American
Title5
09/07/2011 09/14/2011 wv $261,500 Full
Value North Bisla
Harjoyte
S Hsbe BK Series
2006-Asap2
American
Title
09/09/2011 09/14/2011 North Bisla
Harjoyte
S Bisla
Victoria
E 2011.71746
American
Title
PriorOwner: Ace Secs Corp Home 2006-Asap2
2011-2011
CONVEYANCES
Date RecDate Verified
Price Type Title
Company Buyer Seller Document#
05/19/2011 06/10/2011 $269,000 Confirmed AceSecsCorpHome 2006- Western
Progressive
LLC 2011.44927
Asap2
PriorOwner: HoffartLucy E / Hoffart
Vincent M
2001 - 2011
LIENS
Date Type Verified
Amount Borrower(s) Lender LoanType Type/ Term Rate Document#
12/14/2005 Trust $80,006 Hoffart
LucyE / Hoffart
Vincent American Conventional
Fix/
Deed/Morigage M Home
Mortgage
Inc
12/14/2605 Trust $367,600 Hoffart
LucyE / Hoffart
Vincent American Conventional
Var/
Deed/Morigage M Home
Morigage
Inc
“@10/25/2007 Notice 2007.101717
Of
Default
“@03/09/2009 Rescission 2009.18428
Of
Notice
Of
Default
a 09/16/2010 Notice 2010.73199
Of
Default
Dataiirecc © 2017FIRST
AMERICAN DATA TREEAND/ORITSAFFILIATES.
ALLRIGHTSRESERVED. PAGE1 OF2
a 01/18/2011 Notice 2011.4691
of
Default
401/21oO 11 Rescissien 2011.5743
N
sf
Q
Notice
Of
Default
a 01/25/201 Rescission 2011.6534
Of
Notice
Of
Default
Notice 2011.32688
Of
Trustee
Sale
Trust $50,000 Hoffart
LucyE / Hoffart
Vincent Countrywide Conventional
Var/ 2003.57098
Deed/Morigage M Home Loans
INC
2005.174469
10/31/2002 $248.450 Hoffart
LucyE / Hoffart
Vincent Aames Conventional
Fix / 2002.135170
Deed/Morig
age M Funding
Corp
“401/18/2006 Release
10/12/2001 Trust $236,550 SomersJohnK Kaufman& Conventional
Fix/
Deed/Morigage Broad
MortgageCo
@ 12/10/2002 Release 2002.157238
CONVEYANCES
Date RecDate Verified
Price Type Title
Company Buyer Seller Document#
10/22/2002 10/24/2002 Hoffart
Lucy£ / Hoffart
VincentSomersJohnK 2002.130565
M
10/10/2001 10/12/2¢ $249,000 Full
Value First
AmericanSomersJohnK KB Home Sacramento
Inc 2001.105994
OQ5
oO
fo
Title
PriorOwner: Kaufman & Broad OfSacramento
2000 - 2001
CONVEYANCES
Date RecDate Verified
Price Type Title
Company = Buyer Seller Document#
09/05/2000 09/07/2000 Placer
Title Kaufman&BroadOf KaufmanCapital
Corp 2000.65942
Sacramento
Datalree © 2017FIRST
AMERICAN DATA TREEAND/OR ITS
AFFILIATES.
ALLRIGHTSRESERVED. PAGE2 OF2
~ anny
Disclaimer:
This report:
(i)
isnot an insuredproductor service
oran abstract,
legalopinionor arepresentation
of theconditionof title
toreal
property,
and (ii)
is
issuedexclusively
forthebenefitofFirst
AmericanData TreeLLC (DataTree)
customers and may notbe usedor relied
upon by
anyotherperson.Estimatedpropertyvaluesare:
(i)
based on available
data;
(ii)
arenotguaranteedor warranted;
(iii)
do not constitute
anappraisal;
and (iv)
shouldnotbe relied
upon inlieu
of anappraisal.
DataTreedoes notrepresent
or warrant
thatthe information
iscompleteorfreefrom error,
and expressly
disclaims
anyliability
toanyperson orentity
forlossordamage caused byerrorsoromissionsinthereport.
If the
"verified"
logo
(2) isdisplayed,
orarecordis designated
"verified,"
DataTree'salgorithm
matched fields
fromtwo or moredata sourcestoconfirmsourcedata.
EXHIBIT 3
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Preview
Alexander W. Munn, Esq. (SBN 166915) Robert J. Enos, Esq. (SBN 182956) FiLED BPE LAW GROUP, PC su ercourty of eiscee 2339 Gold Meadows Way, Suite 101 Gold River, CA 95670 JAN 22 2019 Tel. 916.966.2260 Jake Chatters Fax 916.346.4880 Execut er & Clerk By: Se, Deputy Attorneys for Plaintiff Perminder Bisla SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER PERMINDER BISLA, Case No” Plaintiff, COMPLAINT ) 1. Partition by Sale and Accounting a 2. Fraud HARJOYTE S. BISLA, VICTORIA E. BISLA; all persons unknown claiming any ) legal or equitable title,estate, lien or interest in) 17 the real property described in the Complaint ) junior to Plaintiff's Title; and DOES 1-25, ) 18 inclusive, 19 ) 20 Defendants. ) 21 ) 22 23 Plaintiff, PERMINDER BISLA, (‘Plaintiff’) alleges as follows: 24 INTRODUCTION TO CASE 25 Plaintiff seeks an order of partition, accounting and contribution as to certain real 26 property located at 6260 Arctic Loon Way, Rocklin, California 95765 (the “Property”) in which 27 28 COMPLAINT FOR PARTITION AND ACCOUNTING i she holds an undivided 50% ownership interest. Plaintiff further seeks a monetary judgment for damages as to defendant, Harjoyte S. Bisla for fraud. JURISDICTIONAL FACTS 1. Defendant Harjoyte S. Bisla (“Defendant Harjoyte”), was at all times herein mentioned, owner of an undivided 50% interest of the Property as Joint Tenant with his ex-wife, Defendant Victoria E. Bisla, which isthe subject of this dispute, and on information and belief, is a resident of Placer County, California. ms Defendant Victoria E. Bisla (“Defendant Victoria”), was at all times herein 10 a mentioned, owner of an undivided 50% interest of the Property as Joint Tenant with her ex- 12 husband which isthe subject of this dispute, and on information and belief, is a resident of Las 13 Vegas, Nevada. 14 Si Plaintiff isignorant of the true names and capacities of defendants sued herein as 15 16 “all persons unknown claiming any legal or equitable title,estate, lien or interest in the real 17 property described in the Complaint junior to Plaintiff's Title”. Plaintiff will amend this 18 complaint to allege their true names and capacities when ascertained. Plaintiff isinformed and 19 believes and thereupon alleges that each of the fictitiously named defendants claim some right, 20 title,estate, lien or interest in the Property and their claims are junior to the Plaintiff's title 21 22 interest. 23 4. Jurisdiction isproper as the Property in question is located inthe City of Rocklin, 24 County of Placer, State of California. 25 2. Plaintiff isignorant of the true names and capacities of defendants sued herein as 26 DOES 1-25, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will 27 28 amend this Verified Complaint to allege their true names and capacities when ascertained. COMPLAINT FOR PARTITION AND ACCOUNTING Z Plaintiff isinformed and believes and thereupon alleges that each of the fictitiously named defendants are responsible in some manner for plaintiff's damages as herein alleged. 6. Plaintiff isfurther informed and believes and thereupon alleges that at all times herein mentioned each of the defendants was the agent and employee of each of the remaining defendants and in doing the things hereinafter alleged, was acting within the course and scope of such agency and employment. FACTUAL SUMMARY 7 Plaintiff and Defendants are related by marriage. Defendants Harjoyte and 10 11 Victoria were once married but are now divorced. 12 8. On or about 2011, Plaintiff and her then living husband partnered with 13 Defendants and purchased the Property as an investment. Plaintiff resides in London, England. 14 At the time of the purchase, Defendants were residing in Placer County, California. L5 9. The terms of the deal were these: 16 17 a. Purchase price of $261,500 (see Transaction History Report attached as Exhibit 18 “2” reflecting purchase price); 19 b. Plaintiff/husband would contribute $100,000 towards purchase (see wire transfer 20 of $99,500 from Plaintiff's account in India to Defendant Harjoyte attached as Exhibit 3”); 21 22 c. Defendants would contribute $100,000 (see wire transfer of $99,500 attached as 23 Exhibit “4” to Defendant Harjoyte); 24 d. A mortgage would be taken for the remaining $61,500; 25 i, the Property would be used asa rental — after expenses were paid, the profit 26 would be divided equally (see notes of expenses and expected profit attached as Exhibit “5”). 27 28 COMPLAINT FOR PARTITION AND ACCOUNTING 3 10. Defendants did not divide the yearly profits with Plaintiff/husband until 2014, when Defendant Harjoyte wired the sum of $20,040.00 to Plaintiff as compensation for the past due profits. Defendants have failed to pay Plaintiff any sums since that one and only transfer. 11. Critically, itwas later learned that defendant Harjoyte obtained a loan on the Property, unbeknownst the Plaintiff, in the amount of $195,899 on or about September 14, 2018 (see Deed of Trust attached as Exhibit “7”). This was contrary to what was agreed to between Plaintiff and Defendant Harjoyte. As ismore fully explained below, Defendant Harjoyte lied to Plaintiff about the terms of the transaction and based on information and belief, used the 10 11 $100,000 contribution from Plaintiff not for purchase of the Property as agreed, but instead for 12 his personal use. This lawsuit is the result. 13 FIRST CAUSE OF ACTION 14 Partition and Accounting (As to All Defendants) 15 12. Plaintiff reiterates all allegations contained in paragraphs 1 through 1 as if set 16 17 forth in fullherein. 18 13. Ownership of the Property isas follows: on or about September 14, 2011, 19 Defendant Harjoyte purchased the Property. Thereafter, on September 15, 2011, he transferred 20 interest to himself and Defendant Victoria as joint tenants. On September 28, 2011, defendant 21 22 Harjoyte and defendant Victoria transferred 50% interest to Plaintiff and her then living husband 23 as joint tenants. (see Grant Deed attached as Exhibit “1"). 24 14. At the time the Property was acquired the parties were related by marriage and 25 were cooperative. However, that relationship subsequently broke down and the parties have gone 26 their separate ways. Recently, the tensions have increased between the parties related to the Property to the point where the parties can no longer effectively co-own the Property. Therefore, co th COMPLAINT FOR PARTITION AND ACCOUNTING 4 on or about October 30, 2018, a good faith meet and confer letterwas sent to the Defendant Harjoyte demanding the Property be sold and the proceeds split. Attached hereto as Exhibit 6 is al true and correct copy of the Meet and Confer Letter. The letterfurther indicated that if the Defendant failed to cooperate, Plaintiff would exercise her ri ghtto force the sale of the Property and seek attorney’s fees and costs to the extent allowed by law. 15. Defendant Harjoye has denied the existence of the partnership and denied that he received the $100,000 from Plaintiff. The parties are at an impasse. 16. Plaintiff has made reasonable attempts to resolve this matter without resulting to a 10 11 lawsuit but has been thwarted by the efforts of Defendant. 12 17. A dispute has now arisen between Plaintiff and Defendant concerning their 13 respective rights and obligations concerning the Property. Plaintiff should be allowed to partition 14 the Property by sale unless the Defendant wishes to buy out the Plaintiff's interest in the Property 15 at fair market value. Plaintiff is informed and believes Defendant is unable or unwilling to buy 16 17 out Plaintiff's interest in the Property. 18 18. Asaresult of Defendant’s failure to voluntarily agree to the sale or listing for sale 19 of the Property, Plaintiff has suffered or will suffer damages caused by being deprived of the use, 20 benefit, enjoyment and value of it’slawfully owned property as well as consequential and 21 22 incidental damages incurred according to proof. 23 19. Plaintiff desires to sever the ownership interest they have with Defendants in the 24 Property and obtain the value of its proportionate interest through the partition by sale of the 25 Property. 26 20. Plaintiff further seeks an accounting of all expenditures and profits which each 27 28 party has made or acquired in acquisition, support, and maintenance of the Property since its COMPLAINT FOR PARTITION AND ACCOUNTING 5 acquisition on or about September 2011, and that such accounting be used as an equitable offset against the sale proceeds, any rent collected from tenants, such that each party recovers their fair share related to the Property with Plaintiff to then receive /2 of any remaining sale proceeds. WHEREFORE, Plaintiff prays for judgment against defendants, and each of them as set forth below. SECOND CAUSE OF ACTION Fraud (As to Defendant Harjoyte) 21. Plaintiff reiterates all allegations contained in paragraphs | through 20 as if set 10 11 forth in fullherein. 12 22. Onor about April 201, Defendant Harjoyte represented to Plaintiff that he, along 13 with Defendant Victoria, were to purchase the Property as an investment. Defendant Harjoyte 14 further represented to Plaintiff that Plaintiff's contribution of $100,000 was to be used towards 15 the purchase price of the Property of $261,500, in combination of Defendant Harjoyte and 16 da Victoria’s contribution of $100,000. 18 23. Defendant Harjoyte further represented that a mortgage in the amount of $61,500 19 (the remaining balance owed) would be taken out on the property. Expected profits would be 20 divided as shown on Exhibit 5. 21 22 24. Defendant’s representations were false. Defendant did not use Plaintiff's 23 $100,000 as a down payment, and instead obtained a mortgage on the Property in the amount of 24 $195,899. Plaintiff is informed and believes that Defendant used the $100,000 provided by 25 Plaintiff for his personal use. Further, Defendant has failed to split the expected profits. 26 27 28 COMPLAINT FOR PARTITION AND ACCOUNTING 6 25. Defendant knew his representations were false when he made them, as he obtained the mortgage only 2 weeks prior to the time he placed Plaintiff on title to the Property (Exhibit “1”). Such representations were reckless and without regard for the truth. 26. Defendant intended that Plaintiff rely on these representations. 27. Plaintiff reasonably relied on these representations. 28. Plaintiff was harmed, and Plaintiffs reliance on Defendant’s representations was a substantial factor in causing Plaintiff's harm. WHEREFORE, Plaintiff prays forjudgment against defendants, and each of them as set 10 11 forth below. 12 PRAYER FOR RELIEF 13 FIRST CAUSE OF ACTION 14 (Partition - Accounting) LS i. For an Order that the Property be sold, that a receiver, referee or special master be 16 appointed to facilitate the sale, and that allproceeds of sale, after payment of liens, be 17 apportioned between the parties and Plaintiff to receive 50% of the proceeds; 18 19 z. For an Order for Accounting of all income, expenses, and contracts concerning 20 the Property; 21 3. For attorney fees and costs of suit herein incurred; and 22 4. For such other and further relief as the court may deem proper. 23 SECOND CAUSE OF ACTION 24 (Fraud -Accounting) 25 i For general damages in an amount according to proof; 26 a For punitive damages according to proof; 27 3. For costs of this action in an amount according to proof; 28 COMPLAINT FOR PARTITION AND ACCOUNTING 7 4. For such other and further relief as the Court may deem proper. DATED: ji L/ / L /) ly BPE LAW GROUP, PC. Alexan (| . Munn, ; Attorne r Plaintiff 10 11 12 13 14 15 16 V7 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR PARTITION AND ACCOUNTING 8 EXHIBIT 1 IW PLACER, County Recorder JIM MCCAULEY RECORDING REQUESTED BY: DOC- 2011-0096902-00 1008 MONDAY, DEC 5, 2011 10:38:38 AND WHEN RECORDED MAIL TO MIC $3.00 | AUT $1.00 | SBS $0.00 AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: ERD $1.00 | RED $1.00 | REC $9.00 ADD $0.00 MR. HARJOYTE S. BISLA 2134 HANNAH WAY Ttl Pd $15.00 Rept # 02158217 ROCKLIN, CA 95765 clk46ml1£31/SM/1-1 THIS SPACE FOR RECORDER'S USE ONLY: GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $-0- [X]computed on full value of property conveyed, or [ ]computed on full value less valueof liensor encumbrances remaining at time ofsale. [ ]Unincorporated area [X] Cityof ROCKLIN AND "This isa bonafide giftand the grantorreceived nothing inreturn, R& T 11911." FOR A VALUABLE CONSIDERATION, receipt ofwhich ishereby acknowledged, HARJOYTE S.BISLA and VICTORIA E.BISLA, husband a ndwife as Joint Tenants hereby GRANT(s) to: JAS HARJOYTE SINGH BISLA and woronige BISLA, husband and wife as Joint Tenants, as to an undivided 50% interest and 4 INGH BISLA, and PERMINDER KAUR BISLA, husband and wife as Joint Tenants, as to an undivided 50% interest,together as Tenants in Common the realproperty inthe Cityof ROCKLIN, County of PLACER, State ofCalifornia,described as: Lot 51,as shown and designated on that map entitled "Platof Sunset West Lot 36, Phase A",filedinthe officeof the County Recorder of Placer County, Californiaon December 23,1999, recorded inBook "W" ofMaps, atPage 1. Also Known as: 6260 ARCTIC LOON WAY, ROCKLIN, CA 95765 AP#: 365-080-051 DATED September 28, 2011 STATE OF CALIFORNIA HA\RJOYTE S. BISLA COUNTY OF P] ace On é 1G lqf = a who proved to me on thebasis ofsatisfactory evidenceto be the person(s)whose name(s) is/aresubscribedto thewithin Ri sroeanes: instrument and acknowledged to me that he/she/they JENNIFER KAY ALVA E executed the same inhis/her/their authorizedcapacity(ies), 4 COMM. #1935059 and that by his/her/their signature(s)on the instrumentthe NotaryPublic-California § person(s),or theentityupon behalfof which theperson(s) PLACER e acted,executed theinstrument. My Commission Expires May5,2015 | certify underPENALTY OF PERJURY underthelaws oftheState RELA LLETE Ee ofCalifornia thattheforegoing paragraph istrueandcorrect. WITNESS my handand official seal. int (Thisarea forofficial notarial seal) aaa EXHIBIT 2 ~ Transaction History Report 6260 Arctic Loon Way, Rocklin, CA 95765-4778 Reference ID:Bislaconsult APN: 365-080-051-000 PlacerCounty Dataasof:10/03/2018 Current Owner: Bisla Harjoyte S / Bisla VictoriaE Vesting: Husband And Wife/ Tenants InCommon /Ea 2011 - Present LIENS Date Type VerifiedAmount Borrower(s) Lender LoanType Type/ Term Rate Document# 09/14/2011 Trust wv $195,899 Bisla Harjoyte S American Conventional Fix/ 2011.71742 Deed/Morig age Pacific Mig Corp CONVEYANCES Date RecDate Verified Price Type Titie Company Buyer Seller Document# 09/28/2011 12/05/2011 Bisla Harjoyte S/ Bisla Victoria Bisla Harjoyte S& Victoria E 2011.96902 E 09/09/2011 09/15/2011 North Bisla Harjoyte S/ Bisla Victoria Bisla Harjoyte S American Title5 09/07/2011 09/14/2011 wv $261,500 Full Value North Bisla Harjoyte S Hsbe BK Series 2006-Asap2 American Title 09/09/2011 09/14/2011 North Bisla Harjoyte S Bisla Victoria E 2011.71746 American Title PriorOwner: Ace Secs Corp Home 2006-Asap2 2011-2011 CONVEYANCES Date RecDate Verified Price Type Title Company Buyer Seller Document# 05/19/2011 06/10/2011 $269,000 Confirmed AceSecsCorpHome 2006- Western Progressive LLC 2011.44927 Asap2 PriorOwner: HoffartLucy E / Hoffart Vincent M 2001 - 2011 LIENS Date Type Verified Amount Borrower(s) Lender LoanType Type/ Term Rate Document# 12/14/2005 Trust $80,006 Hoffart LucyE / Hoffart Vincent American Conventional Fix/ Deed/Morigage M Home Mortgage Inc 12/14/2605 Trust $367,600 Hoffart LucyE / Hoffart Vincent American Conventional Var/ Deed/Morigage M Home Morigage Inc “@10/25/2007 Notice 2007.101717 Of Default “@03/09/2009 Rescission 2009.18428 Of Notice Of Default a 09/16/2010 Notice 2010.73199 Of Default Dataiirecc © 2017FIRST AMERICAN DATA TREEAND/ORITSAFFILIATES. ALLRIGHTSRESERVED. PAGE1 OF2 a 01/18/2011 Notice 2011.4691 of Default 401/21oO 11 Rescissien 2011.5743 N sf Q Notice Of Default a 01/25/201 Rescission 2011.6534 Of Notice Of Default Notice 2011.32688 Of Trustee Sale Trust $50,000 Hoffart LucyE / Hoffart Vincent Countrywide Conventional Var/ 2003.57098 Deed/Morigage M Home Loans INC 2005.174469 10/31/2002 $248.450 Hoffart LucyE / Hoffart Vincent Aames Conventional Fix / 2002.135170 Deed/Morig age M Funding Corp “401/18/2006 Release 10/12/2001 Trust $236,550 SomersJohnK Kaufman& Conventional Fix/ Deed/Morigage Broad MortgageCo @ 12/10/2002 Release 2002.157238 CONVEYANCES Date RecDate Verified Price Type Title Company Buyer Seller Document# 10/22/2002 10/24/2002 Hoffart Lucy£ / Hoffart VincentSomersJohnK 2002.130565 M 10/10/2001 10/12/2¢ $249,000 Full Value First AmericanSomersJohnK KB Home Sacramento Inc 2001.105994 OQ5 oO fo Title PriorOwner: Kaufman & Broad OfSacramento 2000 - 2001 CONVEYANCES Date RecDate Verified Price Type Title Company = Buyer Seller Document# 09/05/2000 09/07/2000 Placer Title Kaufman&BroadOf KaufmanCapital Corp 2000.65942 Sacramento Datalree © 2017FIRST AMERICAN DATA TREEAND/OR ITS AFFILIATES. ALLRIGHTSRESERVED. PAGE2 OF2 ~ anny Disclaimer: This report: (i) isnot an insuredproductor service oran abstract, legalopinionor arepresentation of theconditionof title toreal property, and (ii) is issuedexclusively forthebenefitofFirst AmericanData TreeLLC (DataTree) customers and may notbe usedor relied upon by anyotherperson.Estimatedpropertyvaluesare: (i) based on available data; (ii) arenotguaranteedor warranted; (iii) do not constitute anappraisal; and (iv) shouldnotbe relied upon inlieu of anappraisal. DataTreedoes notrepresent or warrant thatthe information iscompleteorfreefrom error, and expressly disclaims anyliability toanyperson orentity forlossordamage caused byerrorsoromissionsinthereport. If the "verified" logo (2) isdisplayed, orarecordis designated "verified," DataTree'salgorithm matched fields fromtwo or moredata sourcestoconfirmsourcedata. EXHIBIT 3 4-3 (Ac Winco) es Wa To S44age! lof2 OF et hel HDFEC BANK Dated : 28-04-2011 17.38.36 TT? ADVICE PEEK PSOe ENE RION BUSS PUSAN, PILE ALR + NEB Pees ct Pavce TU, CENTRALISED SWIFT CENTRE NEW DELHI NOSTRO - CHIASUS33XXN i[:90 20 Ihr :| TRANSACTION REF NO. [14211133280 aaa! | i : [BANK OPERATION CODE ] i|25Byy :}! CRED ad I 21: HIV ALUE DATE / CURR / AMOUNT 2B-04-207) /USD/99500,0 IL “hee RR AND AMOUNT IN WORDS) [usp NINEVY NINE THOUSAND FIVE HUNDRED ONSY | ia 338 . CURRENCY CY/INSTRUCTED : AMOUNT NINEVY NINE THOUSAND FIVE DIUNDRED ONLY. =:F “ 1 *t 35 : [ORDERING CUSTOMER ID 218166344 \ i iNAME AWE SINGLEBISLA H | ees VPO MUTHADASCTEEE PEED AUR, PE. VGER i | IRON. [SENDERS CORRESPONDENT- BIC OOD . | 40671 1is ==) ~ [ | _! Wire INBBE {i Let | ORDERING INSTITUTION Henoie BANK LUD. ! | _ |BRANCH NAME Jforina.vce | i 36: INTERMEDIARY INSTITUTTION / ‘BANK NAME AND ADDRESS c a | | L IsWIPT CODE | | laccou NT NO | '_ |lSORT/ABA/BSB/TRANSIT NO | {; JACCOUNT WITH INSTITUTION / BANK]| 4 137D si NAME AND ADDRESS CTT BANK I TaDDRESS / Ea ISEVILEETSEC ALE IRE ay \ —_ [SWIFT CODE __ CrrIUR33 _ ' 4 ~ lsoRT/ABa/ BSB/TRANSIT NO