Gasio v. Tran et al. · Case File for Counsel Review
OC Superior Court · No. 30-2024-01410991-CL-UD-CJC · Dept. C61

What this site is

This site presents primary documents and a neutral chronology relating to a tenancy that began on May 1, 2022 and ended on August 5, 2024 with the plaintiffs vacating under an unlawful detainer judgment.

It is not an advocacy site. It does not assert legal conclusions. It organizes the source documents — contracts, emails, text messages, USPS tracking records, bank records, court filings, and agency correspondence — in a sequence that allows counsel to evaluate the matter in approximately thirty minutes.

Each statement on this site is anchored to a primary document available in Section 10.

Case file contents

1 Home This page. Orientation, parties of record, and a top-level summary of what the documents show. 2 Chronology Dated timeline of the tenancy, notices, payments, and court proceedings from May 2022 through August 2024. 3 The Notice The June 21, 2024 Three-Day Notice to Pay Rent or Quit and the documents it references. 4 Cure Tender The May 28, 2024 cashier’s check, USPS Certified Mail delivery records, and subsequent court acknowledgments. 5 Lease & Accounts The 2022 and 2024 executed leases and the Wells Fargo accounts named in each instrument. 6 Court Record Filings, minute orders, and trial-phase documents from the unlawful detainer action in Department C61. 7 Agency Proceedings Referrals to and correspondence with regulatory and enforcement authorities, with case numbers where assigned. 8 Habitability Move-in condition photographs, licensee admissions regarding defects, and post-tenancy property listing records. 9 Statute Crosswalk Governing statutory provisions mapped to the specific items of documentary record that implicate each provision. 10 Documents & Contact Index of primary-source exhibits available for inspection and the correspondence address for corrections. 11 Pre-Trial Transmission The January 16, 2025 written notice to seven named recipients and the fifteen-minute silent visual catalog of the trial binders transmitted on the eve of trial. 12 Audio Case Brief A complete spoken summary formatted for commute review. Covers all key evidence, agency proceedings, and the four-count fraud sequence.

Parties of record

Plaintiffs (Pro Se)
Michael Gasio
Yulia Gasio
Property Owner
Phat L.K. Tran
Licensed Dentist (NPI #1184847162)
Listing Agent / Property Manager (2024)
Hanson Le
CalBRE Lic. #01358448
Berkshire Hathaway HomeServices California Properties
Listing Agent / Property Manager (2022)
Anna Ly
DRE Salesperson Lic. #01894348
Sun Realty and Management
Counsel for Owner (UD Action)
Steven D. Silverstein, Esq.
CA Bar #86466
Steven D. Silverstein, Eviction Law
Subject Property
19235 Brynn Court
Huntington Beach, CA 92648

Arithmetic note on the Move-Out Clearance Report

After the tenants vacated voluntarily on August 5, 2024, a Move-Out Clearance Report was submitted claiming damages. The damage charges on that report match the security deposit held to the penny — producing a specific non-round net balance. The probability of independently derived actual repair costs arriving at that exact figure by coincidence is vanishingly small.

The same report double-charges two months of rent already documented as received in the landlord’s own written admissions. The April 19 wire transfer and the May 30 cashier’s check — both confirmed received and acknowledged in writing — were charged again as unpaid on the same document. The source documents establishing these facts are organized in the sections that follow.

Audio Case Brief — 27.5 minutes
Listen before you read
A complete spoken summary of the documented record — formatted for commute review. Covers all key evidence, agency proceedings, and the four-count fraud sequence.
Prefer to read? → See the full written record

Items the documentary record raises

The following items appear on the face of the source documents. Each is anchored to a primary exhibit and to a statutory provision that governs the underlying conduct. No legal conclusion is asserted; the documents are presented for counsel’s independent evaluation.

  1. Three-Day Notice without signature The Three-Day Notice to Pay Rent or Quit served on June 21, 2024 bears the typed name “PHAT L.K. TRAN” but contains no handwritten signature, electronic signature notation, or attorney signature block. Cal. Code Civ. Proc. § 1161 · See Section 3
  2. Payment account in notice differs from payment account in lease The executed lease (April 26, 2024) directs rent to Wells Fargo account #3312943297 in the name of Hanson Le. The Three-Day Notice (June 21, 2024) directs payment to Wells Fargo account #1005959166. The two accounts are not the same. Cal. Code Civ. Proc. § 1161; Cal. Bus. & Prof. Code § 10145 · See Sections 3 and 5
  3. Tendered cashier’s check not credited A cashier’s check for $4,338.48 was sent via USPS Certified Mail to Berkshire Hathaway HomeServices on May 28, 2024 (tracking #9534914882764149935944), delivered May 30, 2024, signed for by “H H.” The Court’s March 27, 2025 minute order acknowledges the tender. The funds were not credited to the rent account. 18 U.S.C. §§ 1341, 1708 · See Section 4
  4. Rent directed to broker’s personal account, not broker trust account The 2024 lease names Hanson Le as broker/property manager and routes rent to a Wells Fargo account in his personal name. California regulation requires real estate brokers to handle client funds through designated trust accounts. Cal. Bus. & Prof. Code § 10145 · See Section 5
  5. Forty-eight-hour pre-move-in modification of executed lease terms (2022) A Residential Lease (Document A, DocuSign Envelope E1408B26) was executed on April 21, 2022. One day later, the listing agent of record sent a text stating there was no dog addendum. The following morning, a “revised lease contract” was emailed adding a $1,000 pet deposit and directing rent to Wells Fargo account ending …9166 — the same account named in the June 21, 2024 Three-Day Notice twenty-six months later. A second lease (Document B, Envelope 5D80110C) was executed before the tenancy commenced. Cal. Civ. Code § 1572 (actual fraud); Cal. Bus. & Prof. Code § 10176 · See Section 5
  6. Documented inducement to remain followed by restructured lease terms (2024) On April 2, 2024, the owner wrote: “please do not think we’re looking new lessee.” Twenty-four days after the email, a new thirteen-month lease was executed at $5,350/month (an increase from the prior $5,000), with rent routed to the broker’s personal account. Cal. Civ. Code § 1572; Cal. Bus. & Prof. Code § 10176 · See Sections 2 and 5
  7. Repair-and-deduct exercised; notice ignored the deduction After the owner failed to repair a broken dishwasher reported March 5, 2024, the plaintiffs purchased a replacement from The Home Depot on May 15, 2024 for $1,011.52. The May 28 cashier’s check tendered the lawful net rent ($5,350 less the deduction). The June 21 Three-Day Notice demanded the gross amount as if no deduction had occurred. Cal. Civ. Code § 1942 · See Sections 2 and 4
  8. Move-out document executed by individual whose authority had terminated The Move Out Clearance Report (DocuSign Envelope F5D247C2) bears Anna Ly’s electronic signature. Documented texts establish her management role had previously terminated. Cal. Bus. & Prof. Code § 10130; Cal. Civ. Code § 1950.5 · See Section 5
  9. Pre-existing habitability defects — not disclosed at listing A photograph taken at 11:39 AM on May 1, 2022 — move-in day — documents established black mold colonies in the under-sink kitchen cabinet. The listing agent acknowledged the kitchen electrical defect as a construction issue in a text message on May 6, 2022, six days after move-in. No disclosure of mold, electrical defects, roof leak, or rotten subfloor was made at listing. Cal. Civ. Code §§ 1941.1, 1102; Cal. H&S Code § 17920.3 · See Section 8
  10. Voluntary move-out with rent current; payments routed electronically to owner rather than trust account The tenants vacated voluntarily on August 5, 2024. No sheriff lockout was executed; rent was current through the last day. Wells Fargo wire transfer records show rent was routed electronically to the owner’s personal name rather than to a designated real estate trust account throughout the tenancy. The sole non-electronic payment was the May 28, 2024 USPS cashier’s check addressed in item 3 above. Cal. Bus. & Prof. Code § 10145; Cal. Code Civ. Proc. § 1161 · See Sections 2, 3, 4, and 5

What counsel review is being requested

The plaintiffs are seeking limited-scope or full representation by counsel with experience in California real estate fraud and unlawful business practices (Bus. & Prof. Code §§ 10145, 10176, 17200); civil claims for wrongful eviction and breach of the implied covenant of quiet enjoyment; coordination with active agency proceedings (see Section 7); and, where appropriate, criminal-referral support to relevant federal and state authorities.

Scope and methodology. This site presents only what appears in primary documents available for inspection in Section 10. No statement on this site characterizes any individual as having committed a crime; criminal liability is determined by qualified prosecutors and courts, not by the plaintiffs or by this site. Statutory citations are provided to assist counsel in identifying the legal frameworks that govern the documented conduct. The plaintiffs make no assertion of legal conclusion.

Begin with the chronology

The most efficient way to evaluate this matter is to read Section 2 (Chronology), then Section 3 (The Notice), then Section 4 (Cure Tender). Together these three sections present the core fact pattern in approximately fifteen minutes of reading.

Notice to reader · scope and disclaimers

This site is a public-interest case file assembled and published by Michael A. Gasio, plaintiff pro se in Gasio v. Tran et al., Orange County Superior Court Case No. 30-2024-01410991-CL-UD-CJC. The plaintiff is not an attorney. Nothing on this site constitutes legal advice.

Every factual assertion is drawn from primary documents — executed contracts, bank records, emails, text messages, court filings, public licensing records, and public-records directory entries — preserved in the case file and referenced by source and date.

No statement on this site should be read as a determination that any named person has committed a crime, violated a statute, or breached a professional duty. Those determinations are reserved to qualified counsel, regulatory agencies, and the courts.

This publication is made in the exercise of rights protected by the First Amendment to the United States Constitution, Article I, Section 2 of the California Constitution, California Civil Code § 47(d), and the Noerr-Pennington doctrine.