SECOND EXTORTION INCIDENT – JULY RENT THREAT
On or about June 24, 2024, the tenant was extorted under threat of eviction via phone call. The owner, Phat Tran, demanded payment to his private account "like allways", outside of the Berkshire Hathaway contract just signed. Despite written offers and prior cashier's checks, he refused to accept lawful payment methods or receipts. This incident constitutes extortion under California Penal Code §520.
Incident Summary
- Tenant offered to pay via cashier's check or bank-arranged method as done in previous months.
- Owner rejected lawful payment method, stating on the phone: "Pay me like usual or I will kick you out."
- Tenant complied under duress and wired $5,350 on 6/28/2024 to owner's private account.
- Payment labeled as "Payment 27 of 37" referencing contract to clarify lawful intent.
- Owner failed to return funds within 3-day statutory limit to avoid estoppel or legal implication of acceptance.
Bank Transfer Evidence
Transfer Details: Wells Fargo internal transfer of $5,350 to recipient "Landlord". Labeled for July contract rent. Marked as Payment 27 of 37. Transaction dated 6/28/2024.
Text Message to Owner
Tenant provides confirmation of lawful labeling identical to cashier check format. States willingness to pay and follow legal protocols.
Violations & Criminal Statutes Triggered
California Penal Code §520:
"Every person who extorts any money or other property from another, under color of official right or through fear, shall be punished..."
California Civil Code §1947.5 (Retaliatory Eviction):
Owner had no legal basis to demand funds outside contract and issued threat of removal to enforce personal gain.
California Code of Civil Procedure §1167.1:
"Any tender of payment not returned within three days is presumed accepted." Owner held funds without rejecting or returning during statutory window.
Filed Notice & Escalation
This page was submitted to the Huntington Beach Police Department and Silverstein Evictions as documented evidence of second-stage extortion, ongoing elder abuse, and retaliatory conduct. Additional email logs and phone records preserved.