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11/14/2024
Ken and Micah --
I'm going to use this website to work through our discovery process.
Once we get the documents generally complete with missing data and photos, I hope we can settle quickly.
I will only be sharing the composite documents for the 30+ acts of fraud as google docs at this time. If you'd like pdfs or word docs now you can download them in those formats or make copies as a google doc. I'm doing this because the discovery is producing more evidence that needs to be documented for almost every act of fraud identified so far and the composite documents need to be updated with that information (think of each composite document as being it's own case). Once we feel those documents are complete, they can be downloaded as PDFs and any supporting documents or photos in those not already provided, will be provided.
There are also docs from the other lawsuits shown below. I've only listed the document names at this time The view links on this website are not active. Those are public record. you are free to go get copies from the Monterey County courthouse or you can seek them out on other sites I have online until such time as I make the links live on this site as well.
Bryan
Original Complaint (56 pages) gDoc
1st Amended Complaint REV 0 DRAFT* (81 pages) gDoc pdf
1st Amended Complaint REV 1 DRAFT (25 pages) gDoc
'* - Attorney Gorman would not stipulate to amended complaint as of 9/16/2024 -- that said, an even newer one is now needed now that we have discovery docs back and it's time to add to the composite documents that detaail each fraud. and time to drop off with focus on anyone other than Forstein, for his complaint....
Key Documents
Key Documents
ref: 10/23/2020 discoery set 1, weinstein...
Key Docs in the order obtained by Plaintiff / Buyer : mls <2 in person showings> Vierra report Wheeler Report util disclosure <offer> <counteroffer> <contract formed> TDS , SPQ, Seller's AVID, KW List of disclosure docs, KW DIA, KW TDS completion advisory, KW Scope of Duty, KW Coastal Estates Advisory, JT , Murrer Report, 2015 Report, Email 20210420 // Complete DA Docs Folder(pvt for now) Big Claims (pvt)
Key Docs in the order obtained / created / signed/ executed by Seller : 2015 Report Vierra report, Wheeler Report, mls , TDS , SPQ, Seller's AVID, KW List of disclosure docs, KW DIA, KW TDS completion advisory, KW Scope of Duty, KW Coastal Estates Advisory util disclosure <counteroffer> <contract formed> Email 20210420 // Complete DA Docs Folder(pvt for now) Big Claims (pvt)
"Composite Documents" detailing 30+ summary acts of fraud with $200k in direct damages and 50+ summary acts of fraud in total.
"Composite Documents" detailing 30+ summary acts of fraud with $200k in direct damages and 50+ summary acts of fraud in total.
Each summary act of fraud with Monetary Damage is typically comprised of 5 to 10 acts of fraud by fully false statement of fact, partial false statement of fact, fraudulent suggestion of fact, or omission of fact via the analysis of actual conditions compared to statements of fact and omissions contained in statutory disclosure documents that created a statutory requirement to disclose.
These acts can be evaluated as fraudulent via CA 1709, 1710, 1572 , 1573, 1102.8 and others.
When looked at granularly, the composite documents below detail 250 to 500 acts of fraud engaged in by a seller, seller's agent, general contractor, painter, home inspectors (father and son), and a termite inspector.
These parties engaged in or provided support for a single residential real estate transaction that involved a 10 page contract, 10 pages of statutory disclosures and 65 pages of pre-sale inspections.
< expand for more intro >
The entire transaction and fraud process was managed and overseen by "Licensed and Regulated Brokers and their Salespeople (Agents)" in Monterey County CA.
The CA Real Estate brokerage system is comprised of approximately 440,000 people
The CA Real Estate brokerage, regulatory system is currently captured and seemingly has been since 1985 or prior.
The CA Legal Lobby, comprised of approximately 260,000 people has been both driving and profiting from the dysfunction since 1985 or prior.
Given all the acts of Fraud committed by a single seller, with little to no real real estate understanding, and his "buddy", Kent Weinstein, who was the real estate agent -- and the one who "should have" looked out Forstein -- one has to wonder what type of dialogue they had or what type of insight they had into CA Legal lobby protections that might have led Forstein feel comfortable committing this level of fraud.
These composite documents below do NOT include counts for conspiracy among the various parties nor do they get into any detail on the broker, brokerage, or broker lobby level frauds related to fraudulent contract documents and fraudulent execution of process. They also do not get into any detail related Defense Attorneys at Broker Risk Management, a law firm, that are engaging with the contract document review boards to create and "approve" confusing and suggestive contract documents that allowed everyone to feel that committing fraud could not be pursued via the civil or criminal system due to excessive confusion.
Current Total Page estimate for the composite documents related to Monetary Damages: 600+ pages via ~ 30 documents.
Forstein Solo and/or possibly with his Agent (45 pages)
1) Utils 1 - Well Utility Costs (5, $43/mo) view as of 11/20/2024 (Forstein Fraud -waiting on additional util bills for final $)
2) Utils 2 - Home Utility Costs ( 4, $145 to $195/mo) view as of 11/21/2024 (Forstein Fraud - waiting on additional util bills for final $)
3) Owner 2 - HVAC Ducts ( 14, $15k (7k net w HI2) ) view as of 11/20/2024 (Forstein Fraud - Failure to disclose )
4) Owner 1 - Septic Mainline (22, 12k) view as of 11/20/2024 (Forstein Fraud - waiting on receipts)
5) Well System Contracts (xx) view not relevant for now...
Forstein, his Agent & his Presale Home Inspector (180 pages)
6) HI 2 - Gas Furnace Combustion Hazard (14, 8k) view as of 11/24/2024 (Forstein Fraud - knew from 2015 report)
7) HI 3 - Gas Water Heater Combustion Hazard (15, 2k) view as of 11/24/2024 (Forstein Fraud - knew from 2015 report)
8) HI 1- 2nd floor attic defects (33, 10k) view as of 11/21/2024 (Forstein Fraud - knew from first hand experience)
9) HI 6 - North Yard Flooding (23, 7k) view as of 11/18/2024 (Forstein Fraud - it was visible from front door)
10) HI 4a - Crawl Structural Defects (40, 5k) view as of 11/19/2024 (Forstein Fraud - should have known from 1st floor defect)
11) HI 4b - Crawl Insl - upside down/away from heated (40, 2k) (Forstein Fraud - knew from 2015 report)
12) HI 5 - Drainage Defect - Concrete Seizing (19, 3,5k) view as of 11/20/2024 (Forstein Fraud - it was visible from front door)
13) HI 7 - Water supply - No Hot Water (18, 17k) view as of 11/20/2024 (Forstein Fraud - knew from 2015 report)
14) HI 9 - Moss and Paint Overspray On Roof(17,2k) view as of 11/19/2024 (Forstein Fraud - did or should have known / 2015 ref too)
Forstein, his Agent, & his Presale Termite Inspector (29 pages)
15) TI 1- Crawl structural (16, 5k) (same as HI 4) view as of 11/27/2024 ( Forstein Fraud - should have known from 1st floor defect)
16) TI 2 - 2nd floor attic (15, 10k) (same as HI 1) view as of 11/27/2024 (Forstein Fraud - knew from first hand experience)
17) TI 3 - Fascia (16, 8k) (same as Painter 1) view as of 11/27/2024 (Forstein Fraud - it was visible to him before concealment)
18) void
19) void
Forstein, his Agent and his General Contractor (148 pages)
20) GC 1- Concealed Structural Defects (43,10k) view as of 11/21/2024 (Forstein Fraud - knew from 2015 report & photo/email in 2021)
21) GC 2 - Structural work w/o Permits or Disclosure (8, 0k) view as of 11/24/2024 (Forstein Fraud - failed to disclose structural work)
22) GC 3 - Concealed Mold in Util / Bathroom (33, 15k) view as of 11/21/2024 (Forstein Fraud - knew from invasive repairs during occupancy)
23) GC 4 - 2nd floor attic Rodent Poo and Pee! (10, 10k) view as of 11/21/2024 (Forstein Fraud - he was there...) (allocated via HI1 and TI 2)
24) GC 5 - Concealed 2nd floor bath subfloor Defect (20, 3k) view as of 11/21/2024 (Forstein Fraud - failed to disclose structural integrity concern)
25) GC 6 - Concealed Cat Urine (42, 28k) view as of 11/22/2024 (Forstein Fraud - he was there....)
26) GC 7 - Work Quoted/Paid for but not done (13, 1k) view as of 11/24/2024 (Forstein Negligence unless new facts exposed)
Forstein, his Agent and his Painter (127 pages)
27) Painter1 - Concealed Fascia (23, 8k) view as of 11/26/2024 (Forstein Fraud - it was visible to him before concealment)
28) Painter 2 - Painted ext w int paint (16, 15k) view as of 11/26/2024 (Forstein Negligence unless new facts exposed)
29 ) Painter 3 - Concealed siding beyond useful life (21,15k) view as of 11/26/2024 (Forstein Fraud - it was visible to him before concealment)
30) Painter 4 - Concealed rodent urine in ceilings (19, 2k) view as of 11/27/2024 (Forstein Fraud - it was visible to him before concealment)
31) Painter 5 - Concealed water damage in garage drywall (19, 6k) view as of 11/27/2024 (Forstein Fraud - it was visible to him before concealment)
32) Painter 6 - Oversprayed on Roof and Cedar Closets (16,4k) view as of 11/27/2024 (Forstein Negligence unless new facts exposed)
33) Painter 7 - Charged for work not done (12,3k) view as of 11/27/2024 (Misleading but no negligence or fraud, unless new facts exposed)
Forstein, both Agents, both Txn Coordinators, both Brokers, both Brokerages (Part 1)
=== TDS 1 - TDS Fraud (8 pages) === view as of 11/24/2024 (summarizes 200k+ acts of fraud)
34.1) Failed to deliver TDS in accordance w/ CA 1102 (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
34.2) Failed to deliver TDS in accordance w/ Representation Law (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
35) Delivered TDS in patently incomplete manner (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
36) Delivered TDS with over 50 fraudulent statements (Seller Agent and Seller only - Forstein and Weinstein Frauds)
=== SPQ 1 - SPQ Fraud (13 pages) === view as of 11/25/2024 (summarizes 200k+ acts of fraud)
37.1) Failed to deliver SPQ in accordance w/ CA 1102 (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
37.2) Failed to deliver SPQ in accordance w/ Representation Law (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
38) Delivered SPQ in patently incomplete manner (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
39) Delivered SPQ with over 50 fraudulent statements (Seller Agent and Seller only - Forstein and Weinstein Frauds)
=== SAVID 1 - Sellers AVID Fraud (6 pages) === view as of 11/27/2024 (3 acts of fraud to conceal the same material facts)
40) Failed to deliver Sellers AVID in accordance w/ Representation Law (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
41) Delivered Seller's AVID in patently incomplete manner (Brokerages, Brokers, Agents, Txn Coordinators, Seller - Deceit)
42) Delivered Seller's AVID with over 50 fraudulent statements (Seller Agent and Seller only - Forstein and Weinstein Frauds)
Forstein, both Agents, both Txn Coordinators, both Brokers, both Brokerages (Part 2)
43) Owner 6 - MLS False Advertising, post sale manipulation of photos (5 pages) view as of 12/1/2024
44) Owner 7 - MLS Listing - Listed prior to signing disclosures (6 pages) view as of 12/1/2024
45) Owner 8 - Sellers Agency Agreement CIV 2079 (3 pages) view as of 12/1/2024
46) Owner 9 - CAR Disclosure Info Advisory (4 pages) view as of 12/1/2024
47) Owner 10 - KW TDS completion advisory (3 pages) view as of 12/1/2024
48) Owner 11 - KW Scope of Broker Duty (2 pages) view as of 12/1/2024
49) Owner 12 - KW Coastal Estates Advisory (3 pages) view as of 12/1/2024
other...
50) Owner 13 - KW bulk email seeking houses with mold -- to flip and sell... view as of 12/1/2024
Contractor Dispute Documents (all links dead for now on this website, but available on other sites via links provided...)
Contractor Dispute Documents (all links dead for now on this website, but available on other sites via links provided...)
Canary v Chatters and Woodbury ( Folder public pvt )
Summons (1 page) view
Cover Sheet (2 pages) view
Complaint (28 pages) view
Complaint Exhibits
Group A - GC - John Chatters (not submitted with complaint)
A0) Work Summary (3 page) view
A1) GC 1 - Concealed Rotten Joists ( 8 pages ) view
A2) GC 2 - $40k/$55k work w/o permits ( 9 pages ) view
A3) GC 3 - Concealed Mold ( 10 pages ) view
A4) GC 4 - Concealed 2nd flr attic ( 12 pages ) view
A5) GC 5 - Concealed bath floor defects ( 12 pages ) view
A6) GC 6 - Concealed cat urine ( 8 pages ) view
A7) GC 7 - Work Quoted but not Done (11 pages ) view
Group B - Painter - David Woodbury (submitted with request for default judgment)
B0) Damages Summary (3 page) view
B1) Painter 1 - Fascia ( 8 pages ) view
B2) Painter 2 - Exterior Siding - Int. Paint ( 9 pages ) view
B3) Painter 3 - Exterior Siding - Beyond Life ( 10 pages ) view
B4) Painter 4 - Rodent Urine in Ceiling ( 12 pages ) view
B5) Painter 5 - Garage Paint Job ( 12 pages ) view
B6) Painter 6 - Paint Overspray ( 8 pages ) view
B7) Painter 7 - Pool House (11 pages ) view
B8) Insurance Bond Co - part 1 ( 16 pages ) view
B9) Quotes for Damages - Contractor 1 ( 8 pages ) view
B10) Quotes for Damages - Contractor 2 ( 8 pages ) view
Group C - Scheme Details (submitted with request for default judgment)
C1) Jiminez v Capero ( 2 pages) view
C2) Jue v Smiser Visual ( 1 page) view
C3) 8 Tiers of Fraud (2 pages) view
C4) Visuals - Bayview 14 (10 pages) view
Not included...
C5) Clauses 14A, 14F, 11 and 12 - Intro to CAR Fraud ( 11 pages ) view
many others...
See: https://contractor-complaints-2023.bryancanary.com/court-docs/chatters-woodbury for live links and additional information
Inspector Dispute Documents (all links dead for now, avail on other sites)
Inspector Dispute Documents (all links dead for now, avail on other sites)
Canary v Vierras ( Folder public pvt ) (Case 24CV001176)
SUM 100 (1 page) view
CM 010 - Cover Sheet (2 pages) view
Complaint (25 pages) view
--------
CIV 100 - Entry of Default view view
CIV 100 - Request for Default Judgement view
Declaration in Support of Default Judgement view
MC 030 - Financial Summary / Interest view
MC 030 - Exhibits view
JUD 100 Judgement (for consideration) view
Complaint Exhibits
Group A - Filed with Req for Default Judgement.
A0) Damages Summary ( 2 pgs) view [ 74,293 // 57,950 ]
A1) HI 1 - 2nd Floor Attic Racoon Invasion ( 16 pgs) view {7950+2485 // 8500+1850 ]
A2) HI 2- Gas Furnace - Explosion Hazard (12 pgs) view [ 10,000 // 10,000 ]
A3) HI 3 - Gas Water Heater - Explosion Hazzard (13 pgs) view [ 3,000 // 2,000 ]
A4) HI 4 - Crawl Space Omissions (19 pgs) view
HI 4a- Crawl Space - Structural Defects [ 4,358 // 4,600 ]
HI-4b Crawl Space - Insulation Defects [ 5,000 // 2,000 ]
A5) HI 5 - Concrete Slab Seizing (9 pgs) view [ 3,500 // 3,500 ]
A6) HI 6 - North Yard Grade- East French Drain (18 pgs) view [ 10,000 // 6,500 ]
A7) HI 7 - No Hot Water (12 pgs) view [ 25,000 // 17,000 ]
A8) HI 8 - Other Plumbing deceit (5 pgs) view [ 0 // 0 ]
A9) HI 9 - Moss on Roof (10 pgs) view [ 3,000 // 2,000 ]
A10 ) Quote Packet (as stand alone packet) view
Group B - Filed with Req for Default Judgement.
B1) Jiminez v Capero view
B2) Jue v Smiser Visual view
B3) 8 Tiers of Fraud view
B4) Visuals - Bayview 14 view
Group C - Filed after Req for Default Judgement
C1) Pro Se Requirement Dialogue (3 pages) view
C2) Industry Wide Frauds - Part 1 (8 pages) view
C3) Industry Wide Frauds - Part 2 (18 pages) view
Default Docs
Lots of them...
Canary v Carriaga ( Folders public pvt ) Case 24CV001152
Summons (1 page) view
Cover Sheet ( 2 pages) view
Complaint ( 24 pages) view
Complaint Exhibits
Group A (filed with complaint)
A1) Pro Se Requirement Dialogue (3 pages) view
A2) Industry Wide Frauds - Part 1 (7 pages) view
A3) Industry Wide Frauds - Part 2 (16 pages) view
A4) Visuals - Bayview 14 etc (12 pages) view
Group B (filed with complaint)
B1) TI 1 - Crawl Space Omissions ( 12 pages) view
B2) TI-2 - 2nd floor Attic Omission (8 pages) view
B3) TI-3 - Fascia Fraud (9 pages) view
B4) Carriaga's full report (11 pages) view
B5) Carriaga's License Info (8 pages) view
Group C (filed with Default Judgement)
C1) Jiminez v Capero view
C2) Jue v Smiser Visual view
C3) 8 Tiers of Fraud view
C4) Quotes from Contractor 1 view
C5) Quotes from Contractor 2 view
C6) Proof of Service Commentary view
C7) "Complete" report view
Not attached
Transaction Doc Fraud (8 pages) view
-- Default Docs - Set 1 ---
1) Dec in Support of Default Judgement view
2) CIV 100 - Default view
3) JUD 100 - Judgment view
4) MC 030 - Interest view
5) MC 030 - Exhibits view
-- Default Docs - Set 2 --
1) Dec in Support of Default Judgement view
2) CIV 100 - Default view
3) JUD 100 - Judgment view
4) MC 030 - Interest view
5) MC 030 - Exhibits view
Transaction Coordinator Dispute Documents (all links dead for now, avail on other sites)
Transaction Coordinator Dispute Documents (all links dead for now, avail on other sites)
Canary et al v Travaille ( Folders public pvt )
Summons (1 page) view
Cover Sheet ( 2 pages) view
Complaint ( 30 pages) view
1st Ammended Complaint ( 45 pages) view
Complaint Exhibits
A1) Fiduciary Agreement (2 pages) view
A2) Incomplete SPQ, Sellers AVID , TDS view
A3) Visual - As Is Sales (2 page) view
A4) Visual - Jue v Smiser - Representation Stmt Period Diagram (1 page) view
A5) Visual - Supposed to v Actual - As Is Sale (2 pages) view
A6) Visual - Bayview 14 abridged (4 pages) view
A7) CA 1102 vs RPA Clauses(12 pages) view
Canary v Whyte ( Folder public pvt )
Summons (1 page) view
Cover Sheet (2 pages) view
Complaint (69 pages) view
Complaint Exhibits
A1) Fiduciary Agreement (2 pages) view
A2) Visual - As Is Sales (2 page) view
A3) Visual - Jue v Smiser - Representation Stmt Period Diagram (1 page) view
A4) Visual - Supposed to v Actual - As Is Sale (2 pages) view
A5) Visuals - Bayview 14 (12 pages) view
A6) RPA Clauses 14A and 14F - Fraudulent ( 6 pages) view
A7 ) Case Precedents - As Is Sales (11 pages) view
A8) Case Precedents - Broker/ Agent fraud (9 pages) view
A9 ) CA 1102 vs RPA clauses (12 pages) view
A10) Incomplete SPQ, Sellers AVID , TDS (4 pages) view
A11) 2011/2019 presentations to CA BAR - Jue v Smiser ( 5 pages) view
A12) 8 Tiers of Fraud ( 2 pages) view
A13) Damages ( 8 pages ) view
Informal responses
Informal responses
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