Summary
This exhibit shows how Anna Ly, acting as agent for Phat Tran under
Berkshire Hathaway HomeServices (DRE #01894348), used the
DocuSign platform to alter a validly executed 2022 lease by inserting an
unauthorized online-payment clause and changing tenant email routing.
These unilateral edits voided the envelope and later allowed her to issue a
false “replacement” agreement that her father enforced to justify a rent-increase
and eventual eviction.
Evidence
- DocuSign Metadata (April 22 2022): shows “Auto Responded – Correct to fix email address errors,” proving agent interference.
- Original C.A.R. Form LR Lease (Attached PDF): executed May 1 2022 at $5 000 monthly rent; states payment by check/cashier’s check only; no electronic transfer authorization.
- Tenant Objection (End of Year 1): email to Anna Ly — “You cannot change contract terms without consent.” Ignored and followed by online-banking directive.
DocuSign Capture
Original signed Contract
Altered terms not signed by owner
The digital envelope was voided only after the agent corrected addresses,
proving she modified participant routing post-execution.
Under California Civil Code § 1626, acceptance by signature completed the contract;
any subsequent modification without consent is void.
Use of DocuSign and email servers to alter terms
constitutes wire fraud (18 U.S.C. § 1343),
and presentation of that modified document in court
qualifies as forgery / false instrument (PC §§ 470, 115).
Timeline of Violation
- Apr 22 2022: Original envelope sent for signatures – valid lease created.
- May 1 2022: Tenancy begins – $5 000 rent via check to Phat Tran.
- 2023: Tenant notice — no agreement to online banking fees or new terms.
- 2024: Agent imposes electronic-transfer fees and falsely claims non-payment.
- 2025: Eviction used altered lease to justify fraudulent filing.
Legal Exposure
- Contract Fraud – Civ. Code § 1572
- Wire Fraud – 18 U.S.C. § 1343
- Forgery / False Instrument – PC §§ 470, 115
- Breach of Fiduciary Duty – Bus. & Prof. Code § 10176(a),(g)
- Retaliatory Eviction – Civ. Code § 1942.5
Cross References
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