Statement of the Case
Michael Gasio and Yulia Gasio, plaintiffs, occupied the residential premises at 19235 Brynn Court, Huntington Beach, California 92648 as tenants under two successive executed leases between May 1, 2022 and August 5, 2024. The property is owned of record by Phat L.K. Tran, a licensed dentist (NPI #1184847162). On June 21, 2024, a Three-Day Notice to Pay Rent or Quit was served by counsel of record Steven D. Silverstein (CA Bar #86466) for the owner, directing payment to a Wells Fargo account not named in either executed lease. An unlawful-detainer action was filed July 3, 2024 in the Orange County Superior Court. The plaintiffs vacated voluntarily on August 5, 2024 with rent documented as current; no sheriff lockout was ever executed.
The plaintiffs tendered a cashier’s check for $4,338.48 by United States mail on May 30, 2024 — within the three-day cure window — payable to the only entity named on the executed lease. USPS tracking record #9534914882764149935944 confirms delivery and signature for “H H” at 3:43 PM, May 30, 2024, at ZIP 92649. The court’s Under Submission Ruling of March 27, 2025, Document ID 74522578, acknowledged the tender on the record. The recipient sealed the check uncashed; the funds were never credited.
The questions on this portal concern the facial conformity of the Three-Day Notice with Cal. Code Civ. Proc. § 1161; the lawfulness of post-term security-deposit deductions under Cal. Civ. Code § 1950.5; broker-trust-fund handling under Cal. Bus. & Prof. Code § 10145; and related federal and state matters presented for review by the regulatory bodies identified in Section 07. The matters are presented as questions on a documentary record. No finding has been made by any agency or court.
| Court | Superior Court of California, County of Orange — Central Justice Center |
|---|---|
| Case Number | 30-2024-01410991-CL-UD-CJC |
| Department | C61 — Commissioner Carmen D. Snuggs-Spraggins |
| Case Type | Unlawful Detainer — Residential |
| Subject Property | 19235 Brynn Court, Huntington Beach, CA 92648 |
| Tenancy Period | May 1, 2022 – August 5, 2024 (voluntary vacate; no sheriff lockout executed) |
| Plaintiffs (Pro Se) | Michael Andrew Gasio · Yulia Gasio — co-complainants |
| Property Owner / Defendant | Phat L.K. Tran — licensed dentist (NPI #1184847162) |
| Counsel for Owner | Steven D. Silverstein, Esq. — CA Bar #86466 — Silverstein Eviction Law, Tustin, CA |
| Primary Statutes | CCP §§ 1161, 415.46 · Civ. Code §§ 1942, 1950.5 · Bus. & Prof. Code §§ 10145, 10176 · 18 U.S.C. §§ 1341, 1343, 1708 · 15 U.S.C. §§ 1692e, 1692f, 1692g |
Parties & Persons of Record
The named parties and the licensed and unlicensed persons whose conduct is reflected in the documentary record. Each profile links to a dedicated dossier with license verification, corporate-affiliation history, and the specific document trail in which the actor appears.
Michael & Yulia Gasio
Co-complainants. Tenants of record under both executed leases. Michael is a thirty-year California school administrator and former vice principal whose graduate coursework included evidence collection and law-related studies; Yulia holds communication authority per the July 18, 2024 written transfer.
Phat L.K. Tran
Owner of record. Licensed dentist (NPI #1184847162). Father of Anna Ly, the 2022 listing agent. Documented real-property network across Orange County reflected in CA Secretary of State filings and county recorder records.
Steven D. Silverstein, Esq.
California State Bar #86466. Principal of Silverstein Eviction Law, Tustin. Trial counsel for the owner in this matter. Distributed the Move-Out Clearance Report template examined under Civ. Code § 1950.5(b) on a separate page of this portal. State Bar Office of Chief Trial Counsel: under formal review — no finding has been made.
Hanson Le
DRE Salesperson License #01358448. Berkshire Hathaway HomeServices California Properties at the time of the operative events; brokerage detached May 13, 2024 — seventeen days before the cure-tender delivery. Recipient of tenant rent payments through personal Wells Fargo account #3312943297.
Anna Ly
DRE Salesperson License #01894348. Sun Realty and Management. Daughter of property owner Phat L.K. Tran. Brokered the original 2022 lease and returned post-term to issue the $2,005 Move-Out Invoice on the Silverstein-distributed template. California DRE Matter #1-24-0513-010 — under review.
Dennis A. Rosas & Iris F. Tonti
Rosas: DRE Broker #00602101, Designated Officer of Stratton-LFCA Inc. (Corp #02211662), the corporate licensee operating BHHS California Properties as a DBA. Tonti: DRE Broker #00844023, Division Manager. Both stand in the corporate supervisory chain over the named listing agent during the operative period.
Angie M. Sandoval
DRE Salesperson #01130478. Branch Manager, BHHS California Properties — 5848 Edinger Avenue, Huntington Beach. Received direct-notice text from Michael Gasio June 25, 2024 between 5:55 and 6:02 PM — eight days before the unlawful-detainer filing — placing her on actual notice of the matter pre-eviction.
Richard J. Rosiak
California Bar #141430. Admitted 1989. Withdrawal letter received Friday, January 10, 2025 — trial set Monday, January 13, 2025. State Bar Enforcement Division: under formal review by Examiner Devin Urbany — no finding has been made.
Disambiguation note. Two persons named “Anna” appear in the documentary record: Anna Ly (DRE #01894348, Sun Realty and Management, daughter of Phat L.K. Tran, 2022 listing agent and post-term move-out invoicing party) and Officer Anna (Huntington Beach Police Department, second-window interview, surname not on this record). The two are not the same person and are never to be conflated. “Silverstein” on this portal refers exclusively to Steven D. Silverstein, California State Bar #86466.
Documentary Anchors
Six executed instruments and primary records form the foundation of the matters presented. Each is preserved in Section 10 (Documents) with full chain-of-custody metadata. The questions in Section IV below run from these six anchors.
Three-Day Notice to Pay Rent or Quit
Served June 21, 2024 by counsel of record Steven D. Silverstein for the owner. Directs payment to a Wells Fargo account not named in either executed lease. Unsigned by the owner. The companion landlord-signed Harman copy bears Silverstein’s signature.
Cashier’s Check $4,338.48 · May 30, 2024
Payable to BHHS only. USPS tracking #9534914882764149935944. Signed for “H H” at 3:43 PM, ZIP 92649. Acknowledged on the record by the court’s March 27, 2025 Under Submission Ruling, Doc. ID 74522578. Sealed by the recipient. Never credited.
$2,005 Sun Realty Move-Out Invoice · Anna Ly
Issued post-term by Anna Ly (DRE #01894348, Sun Realty and Management) on a Silverstein-distributed Move-Out Clearance Report template containing a pre-formatted Attorney Fees deduction line not enumerated in the statute’s closed list of authorized deductions.
Wire to Hanson Le Account #3312943297
Tenant rent payments routed to a personal Wells Fargo account in the name of the broker-associate listing agent rather than to a broker trust account established under California real-estate law. Sixteen documented transfers between January 2023 and April 2024.
Tran SMS: “Hanson has check”
Owner text message during the three-day cure window establishing the listing agent’s contemporaneous knowledge that the cure tender was available at BHHS while the cure period remained open. The package was signed for at the BHHS office; the listing agent subsequently departed the firm.
$5,350 Wire to Tran Account #1005959166 · June 28, 2024
Directed off-contract during the disputed-refund period. Wells Fargo wire memo: “Unknown Contract July 27 of 37.” Owner subsequently represented to the court via counsel that a refund was mailed; USPS produced no proof of service; payment was made a second time under protest, with both parties signing an acknowledgment that no prior repayment had occurred.
Questions Presented for Review
The matters below are presented as questions on a documentary record. No finding has been made by any agency or court. Each question is tied to a primary instrument in Section 10 and to a specific California or federal statutory or regulatory provision. The complete jurisdictional crosswalk is maintained in Section 09.
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Whether the public distribution of a Move-Out Clearance Report containing a pre-formatted Attorney Fees deduction line, when that deduction is not authorized by Cal. Civ. Code § 1950.5(b), is consistent with Cal. R. Prof. Conduct 8.4(c) and Bus. & Prof. Code § 6068(c). → E3 form examinationUnder formal reviewNo finding has been made
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Whether withdrawal of trial counsel three calendar days prior to a noticed unlawful-detainer trial date, in circumstances on this record, satisfies the duty of competence and diligence under Cal. R. Prof. Conduct 1.1 and 1.3. → Rosiak dossierUnder formal reviewExaminer: Devin Urbany
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Whether the routing of tenant rent payments to a personal Wells Fargo account in the name of an individual licensee, rather than to a broker trust account established under § 10145, conforms to the trust-fund handling requirements of California real-estate law. → E5 wire ledgerDRE Pre-Complaint#1-26-0304-002
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Whether the post-term Move-Out Invoice for $2,005 issued under Sun Realty and Management, on a Silverstein-distributed template containing an unauthorized Attorney Fees deduction line, conforms to the salesperson’s duties under §§ 10176 and 10177. → Anna Ly dossierDRE Matter#1-24-0513-010
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Whether the use of the United States mail to direct a tenant cure payment to a recipient who sealed the cashier’s check uncashed, while representing on the record that no tender had been received, presents a question under 18 U.S.C. § 1341. → E2 cashier’s checkReport filedPostal Inspection Service
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Whether the June 28, 2024 wire of $5,350 to a personal Wells Fargo account memo’d “Unknown Contract July 27 of 37” presents a question under 18 U.S.C. § 1343 for evidentiary preservation purposes. → E7 off-contract wireFBI–LA · IC3December 2025
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Whether the conduct surrounding the tenancy of a senior, limited-English-proficient co-resident named on the executed lease, and the post-eviction conversion of the unit to short-term-rental use, presents a question under 42 U.S.C. §§ 3604 and 3617. → Section 08 habitabilityHUD OIGIntake confirmed
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Whether the routing of eighteen documented bank transfers between January 2023 and June 2024 through a personal Wells Fargo account, rather than a brokered trust account, in connection with a residential tenancy, presents a question for review by the consumer-financial regulator. → E5 wire ledgerFTC Sentinel#194449713
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Whether the Three-Day Notice served June 21, 2024 satisfied the requirements of Cal. Code Civ. Proc. § 1161 on its face, including the identification and naming of the recipient account for cure. → E1 the noticeOn recordDoc. ID 74522578
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Whether the cashier’s-check tender of May 30, 2024 perfected cure under § 1161, and the legal effect of the recipient’s sealing the check uncashed thereafter. → E2 cashier’s checkOn recordAcknowledged 3/27/2025
Audio Brief — Alternative Entry
Section Directory — The Case File
The full case file. A reviewer leaves this page knowing where to go next. Each card opens the corresponding section of the portal, with the documents and analysis specific to that part of the record.
Independent Verification — Source Directory
A reviewer can independently verify every license, docket, and corporate filing referenced on this portal through the public sources below. The portal asserts nothing that cannot be confirmed from a primary record. Captures of opposing-party public materials are preserved at the Internet Archive Wayback Machine, capture timestamp 20260502013111, with eighty-seven (87) elements downloaded across the firm’s domain tree on a single run.
Allegation Framing & Author Note
Allegation framing. The matters presented on this portal are documentary questions for regulatory and judicial review. No finding has been made by any agency or court on the questions presented. State Bar matters identified in Section IV remain under formal review by the Office of Chief Trial Counsel; no finding has been made. The federal docket of record cited in the Silverstein dossier (Bea-Mone v. Silverstein, C.D. Cal. 8:17-cv-00550) was vacated on stipulation in October 2019 and dismissed with prejudice; there is no surviving adjudication of liability in that matter.
Author disambiguation. “Silverstein” on this portal refers exclusively to Steven D. Silverstein, California State Bar #86466, principal of Silverstein Eviction Law, Tustin, California. No other person of similar name is implicated in any matter presented.
Author note. This portal is published pro se by Michael Gasio, a thirty-year California school administrator and former vice principal whose graduate coursework included evidence collection in law enforcement and law-related studies. The portal is published for counsel review, regulatory examination, and the convenience of investigators. It is not legal advice. It is not an advocacy site. It is the documentary record the plaintiff would tender to a court or agency on request, organized in advance for the convenience of the reviewer.
Inquiries. Inquiries from licensed counsel and accredited investigators are welcome. Routing instructions are maintained on the contact page; communication authority for the plaintiffs runs to Yulia Gasio per the July 18, 2024 written transfer of record.