DA43 – Coerced Payment to Private Bank Account

Violation of California Tenant Law and Federal Banking Regulations

Summary: Following the issuance of a legally questionable 3-day notice, the landlord, Phat Tran, bypassed contract procedure and demanded that the tenant deposit rent into his personal Wells Fargo account. He made this demand over the phone, stating:

“Don’t worry about the check, just put money in my account or I will kick you out.”

This occurred despite the existence of a negotiated lease agreement and the tenant’s prior payment via cashier’s check with USPS recipt—a non-cancellable, guaranteed financial instrument backed by the issuing bank of Phat Tran.

Screenshot of text regarding payment redirect

Figure A: Screenshot documenting the redirected payment request to a personal account instead of Berkshire Hathaway or escrow to the renter after 21 days.

Figure B: Bank guidelines confirming cashier’s checks are guaranteed by the issuing institution and not subject to standard stop payment requests sent to doctor Phat Tran by e mail.

Legal Implications

18 U.S.C. §1343 (Wire Fraud): Using electronic or telephonic communications to demand funds into a personal account under threat of eviction.
California Civil Code §1942.5: Retaliatory eviction tactics and coercion following lawful tender of payment.
California Business & Professions Code §10176: Deceptive business practices by circumventing written lease procedures.
Unlawful Banking Conduct: Cashier’s checks are legally treated as guaranteed tender. Failure to honor such an instrument once received constitutes concealment and fraud, especially when followed by refusal to account for the funds or to return them.

Key Evidence:

Cashier’s check created and sent according to lease agreement.
Text and phone records indicating Tran’s refusal to accept the check or allow proper delivery.
Bank image confirming cashier’s check properties and protections.
Verbal threat recorded post-check issuance, requiring direct deposit into a personal account.

This event is a clear predicate act under RICO for wire fraud, misuse of bank instruments, and attempted illegal eviction.