Gasio v. Tran et al.

What this site is

Case file contents

Parties of record

Arithmetic note on the Move-Out Clearance Report

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.

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.