Statement of the Case
A retired school administrator, age seventy-two, paid the same month’s rent twice. The first payment was a cashier’s check (no. 0084411044) — bank-guaranteed funds requiring no further endorsement to be spent — for $4,338.48: the $5,350 contractual rent less a documented Civil Code §1942 repair deduction of $1,011.52. It was mailed by tracked U.S. mail on May 30, 2024, within the cure period, payable to the only entity named in the lease. USPS tracking #9534914882764149935944 records receipt and signature (“H H”) that afternoon. The court’s Under Submission Ruling of March 27, 2025 acknowledged the tender on the record. The funds were never credited. The check’s location during the cure window is reflected in a contemporaneous text message indicating that the agent Hanson — a licensed broker — held it. That message was not before the court when the matter proceeded.
This file follows three instruments — a Three-Day Notice, a Move-Out Clearance Report, and the bank instruments routed around them — and poses the question California Penal Code §134 asks of any document offered in a proceeding as genuine or true: whether it was what it purported to be. On June 21, 2024, counsel of record served a notice directing rent to a Wells Fargo account named in neither executed lease. On July 3, 2024, before the tendered check was resolved, an unlawful-detainer action was filed. On August 5, 2024 — the day the household, including two seniors and a limited-English-proficient named occupant, vacated voluntarily with rent documented as current and no sheriff lockout executed — a listing broker signed the Move-Out Clearance Report (DocuSign envelope F5D247C2). It carried the deductions in dispute: $2,005 in attorney fees charged against the $6,375 deposit, and Ly Construction Invoice No. 2412, dated August 14, 2024 — eighteen days after the City of Huntington Beach inspector cleared the unit.
For a prosecutor, those documents present a discrete question under Penal Code §§134, 115, and 132 — the preparation and presentation of a writing as true. For the defense, the same documents are reproduced here in full, and the question is left open: each is set out so it can be read against its original. The conduct reflected in the record passed through multiple credentialed hands, each holding a license and a defined duty. The owner is a practicing dentist. Two agents are licensed real-estate brokers, each bearing a personal trust-fund obligation under Business & Professions Code §10145; the deposit was wired to a personal account rather than a broker trust account. A general contractor issued the disputed invoice. Trial counsel is a thirty-year member of the California Bar; a second attorney withdrew three days before trial. A branch manager received direct written notice of the dispute on June 25, 2024 — eight days before the action was filed.
At each point of potential review, the record reflects the matter advancing without correction: a tender acknowledged yet uncredited, a redirected account uncorrected, a post-clearance invoice unexamined, a deposit deduction beyond the Civil Code §1950.5 ceiling. That sequence of unreviewed steps is, in substance, why the matter now sits with the regulatory agencies and the District Attorney rather than the civil court alone. The plaintiffs paid the disputed sum a second time under written protest — the check memo’d “Unknown Contract — July 27 of 37,” dated June 28, 2024 — then referred the matter under certified and registered mail to eleven agencies spanning real-estate, banking, postal, civil-rights, and law-enforcement authorities, each letter tied to a statute, a controlling case, and a primary document. The count catalog and authorities are indexed for counsel at gasiomirror.com/for-counsel/, and every page is preserved independently to the Internet Archive across captures from April through May 2026; the footer below carries the capture history.
The questions concern facial conformity of the notice under Code of Civil Procedure §1161, the deposit deductions under Civil Code §1950.5, broker trust-fund handling under §10145, and the genuineness of the documents under Penal Code §134. They are presented as questions on a documentary record for regulatory and judicial review. No adverse inference is drawn from any party’s silence or invocation of rights. Allegation framing governs throughout. No finding has been made by any agency or court. The instruments follow; read them against the originals.
| 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 D.M.D. — 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.
Phat L.K. Tran D.M.D.
Owner of record. Licensed dentist (NPI #1184847162). Father of Anna Ly (DRE Broker #01894348), the 2022 listing agent. Documented real-property network across Orange County reflected in CA Secretary of State filings and county recorder records.
Thao Thu Tran
Named party of record in Tran v. Bach, Orange County Superior Court Case No. 30-2018-00982394 — same court, same case-type designation (CL-UD-CJC), same plaintiff’s counsel of record (Steven D. Silverstein, CA Bar #86466) as in the present matter. Specific familial relationship to Phat L.K. Tran D.M.D. not yet documentarily established to vital-records primary level; documentary inference is consistent with sibling-network framing pending corroboration.
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 Broker License #01358448, broker-level since March 23, 2006 — personal §10145(a) trust-fund duty attaches to the broker license. Berkshire Hathaway HomeServices California Properties at the time of the operative events. Recipient of tenant rent payments through personal Wells Fargo account #3312943297. California DRE Pre-Complaint #1-26-0304-002 (Macias intake, SSI Jerusha White) — not opened to full investigation.
Anna Ly
DRE Broker License #01894348, broker-level since January 28, 2011. Sun Realty and Management. Daughter of property owner Phat L.K. Tran D.M.D. 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; no finding has been made.
Ly Construction
CSLB License #1068334 — B General Building, Sole Ownership, David Ly qualifier. Issuing entity of Invoice No. 2412 dated August 14, 2024 referenced in the Move-Out Clearance Report (DocuSign Envelope F5D247C2). Single classification; no specialty C-codes. CSLB record-of-business address differs from the address printed on the invoice masthead.
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. 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
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Quick Access — The Complete File
The complete file — every reader-facing page on the portal, grouped for fast navigation. The partner handoff at gasiomirror.com/for-counsel/ is the most comprehensive single index. Allegation framing throughout; no finding has been made.
Core Case File
Sections 01–12Actor Dossiers
Named persons of record · 9Opposing-Counsel File
Silverstein companion pages · 7Doctrine & Analysis
Legal frameworks & documentary examinations · 10Accounting & Instrument Examinations
Payment and instrument analyses · 5For Counsel
Partner-level documentary handoffAudio Briefs
Listen or read · 2Reference & Context
Supporting record · 3California Penal Code 134. " Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony. " (Enacted 1872.)
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 preserved at the Internet Archive Wayback Machine: gasiomirror.com capture timestamp 20260503190716 (full case-file directory, May 3, 2026); stevendsilverstein.com capture timestamp 20260502013111 (firm marketing copy — 87 elements downloaded across the firm’s domain tree on a single archival run, May 2, 2026). Last full capture of The Gasio Mirror — a free Internet publication including audio and videos — occurred on May 14, 2026. The most recent full capture — including first-time archives of several pages — was taken on May 22, 2026 (capture timestamp 20260523021541, 02:15 UTC May 23). Standard Internet Archive citation format: https://web.archive.org/web/{TIMESTAMP}/{ORIGINAL_URL}.
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 public 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. Contact: gasio77@yahoo.com · routing instructions are maintained on the Letter to Counsel page.