Gasio v. Tran et al.
A documented record of conduct surrounding a residential tenancy at 19235 Brynn Court, Huntington Beach, California — May 2022 through August 2024.
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
Parties of record
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.
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.
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- Documentary comparator from counsel’s own prior file in the same court The Three-Day Notice that opened this matter on June 21, 2024 is unsigned. The same counsel of record (Steven D. Silverstein, CA Bar #86466) signed a properly-executed Three-Day Notice on the same statutory form three years earlier in Tran v. Harman, OC Superior Court No. 30-2021-01237695. ROA #2 Complaint, ROA #5 UD-120, and ROA #34 Stipulation for Entry of Judgment in that prior matter were pulled from occourts.org on April 24, 2026 (confirmation #01373P). The contrast forecloses any defense of clerical error or unfamiliarity with § 1161. Cal. Code Civ. Proc. § 1161; Cal. R. Prof. Conduct 3.3(a)(1) · See Section 3 and actor-silverstein.html
- Documentary asymmetry on the trial record — the alleged refund mailing At trial, counsel of record represented to the Court that the Owner had mailed back the plaintiff’s June 28, 2024 wire of $5,350 (Wells Fargo Confirmation OW00004652829145) as a refund. No USPS proof of service, no certified-mail tracking, no return receipt, and no third-party witness was produced. USPS records the alleged refund mailing as lost. The asymmetry sits on the face of the trial record — when plaintiff used the United States mails he produced tracking #9534914882764149935944 and a signed delivery receipt; when the defendant-landlord claimed to use the mails he produced nothing. 18 U.S.C. § 1341; Cal. R. Prof. Conduct 3.3(a)(1); Cal. Bus. & Prof. Code § 6068(d) · See Sections 4 and 6
- Brokerage organizational structure — supervisory umbrella over the licensee on the executed lease The corporate broker on the April 26, 2024 lease — Berkshire Hathaway HomeServices California Properties, rebranded November 10, 2025 to Coldwell Banker Envision — is held by a designated officer of record whose corporate-license history at an affiliated entity (Mulhearn Realtors Inc, DRE Corp #00338699) includes three DRE disciplinary proceedings across three decades, the most recent of which (H-41672 LA, effective March 4, 2021) the same individual signed personally as Designated Officer of Record. Mega Capital Funding Inc / MERS appears as lender of record on Hanson Le’s 2017 purchase, Le’s 2020 refinance, and a Phat Tran assignment chain dated April 21, 2022 — one calendar day before the Gasio tenancy commenced. Cal. Bus. & Prof. Code §§ 10145, 10159.2, 10177(g) · See brokerage-structure.html
Recent developments — April 2026
April 25, 2026 — Eleven-agency supplemental packet. A consolidated supplemental packet containing identical eight-block documentary evidence transmitted by certified mail to eleven agencies: OC District Attorney (supplemental general intake; initial referral declined March 2026 jurisdictional), HBPD, California DRE, California State Bar (Steven D. Silverstein and Richard J. Rosiak), FTC, FBI Los Angeles / IC3, HUD OIG, California Department of Insurance, USPS Postal Inspection Service (DC), DOJ Civil Rights — Housing and Civil Enforcement Section (DC), and Consumer Financial Protection Bureau (DC). See agency-proceedings.html.
April 24, 2026 — Tran v. Harman case file purchased from occourts.org (confirmation #01373P) — the documentary anchor for the comparator at item 11 above.
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.
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.