DA34 — Fraudulent 3-Day Notice Issued After Payment
Date Range: April 19–April 26, 2024
The following evidence establishes that a 3-day notice was issued despite full payment being received electronically and acknowledged. Payment was made in good faith based on the renewal lease instructions and was accepted into the landlord’s Wells Fargo account.
- April 19: Wire transfer of $5,000 labeled "New lease 24 one payment at 5000" confirmed delivered to landlord’s private Wells Fargo account.
- April 19: Text message from tenant to landlord states, "We are filling out new paperwork… old lease $5000 then new payment $5350... I want to keep paying early."
- April 20–21: No objections raised to payment; no refund or rejection issued.
- April 26: Hanson Le sends new contract via Authentisign but modifies term to 13 months while calling it a "1-year agreement."
- Same day: 3-day notice posted, falsely claiming nonpayment.
This notice was served while payment was accepted and in absence of any written refund, revocation, or notification that the lease had been rejected. Furthermore, the modified lease included unilateral changes after funds were received.
This transaction and its concealment from the court support violations including:
- 18 U.S.C. §1344: Bank Fraud
- 18 U.S.C. §1341: Wire Fraud
- CA Penal Code ¥487: Theft by Deception
- CA Civil Code §1942.5: Retaliatory Eviction
Category: Fraud / Bank Instrument / Retaliation