Court
Orange County Superior Court
Anna Ly
This page is the plaintiff’s documentary submission in Gasio v. Tran et al., OC Superior Court Case No. 30-2024-01410991-CL-UD-CJC. Defendants’ positions are reflected in the court record. No determination of liability has been made by any court or regulatory body.
DRE Broker license #01894348 · Broker license issued January 28, 2011 · Mailing and main office: 1532 Orchard Dr, Newport Beach 92660 · Sun Realty and Management DBA active 02/04/2011 to 02/24/2015 — expired more than nine years before the conduct in this matter · No current DBAs · No current branches · No affiliated licensed corporations · Independent broker operating from a residential address · Listing agent and property manager for 19235 Brynn Court in 2022 · Co-registrant of AP Silk Arts Inc with Phat L.K. Tran · Signed the Move-Out Clearance Report after documented texts establish her management role had previously terminated · Forwarded the clearance report from her personal Yahoo address to the landlord’s defense counsel of record on August 22, 2024 at 11:16 PM PDT.
Move-Out Clearance Report — DocuSign Envelope F5D247C2 — bearing Anna Ly’s electronic signature — after documented texts establish her management role had terminated.
B&P §10130 (acting without authority) · Cal. Civ. Code §1950.5 (security deposit handling) · Cal. PC §132 (offering false evidence)
Evidence Exhibits · Anna Ly Documentary Record
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Anchor of the matter — one instrument, four facial defects
The Move-Out Clearance Report is the keystone instrument of this matter
It was signed by Anna Ly on August 5, 2024 (DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D). It was forwarded from her personal Yahoo address — lymyhoa@yahoo.com — to clerk@stevendsilverstein.com at 11:16 PM PDT on August 22, 2024. It was thereafter submitted to Orange County Superior Court as a damages exhibit in Gasio v. Tran et al. It is unlawful on its face in four independent ways. Each defect stands alone on the four corners of the form against the four corners of Cal. Civ. Code §1950.5 and Lease Section 36.
Defect 1 · Pre-printed “Attorney Fees” line for $2,005 — outside the four enumerated categories of §1950.5(b). Cal. Civ. Code §1950.5(b) limits permitted security-deposit deductions to four enumerated categories: unpaid rent, cleaning to return the premises to the same condition received, repair of damages caused by the tenant beyond ordinary wear and tear, and restoration to original condition. Attorney fees are not among them. A pre-printed line on a property-management form does not amend the Civil Code. The line is unlawful on its face the moment a deduction is entered on it.
Defect 2 · Same $2,005 line exceeds the contractual cap by $1,005. Lease Section 36 caps attorney fees and costs collectively at $1,000. The deduction exceeds the contractual cap by $1,005, independent of the §1950.5(b) statutory bar. A licensee cannot execute a deduction-of-deposit instrument that overrides the controlling lease in the licensee’s own file.
Defect 3 · $7,835 carpet charge is supported by an invoice dated nine days after the form was executed. The form charged $7,835 for “Replace carpet due to dog pee bad smell, attached invoice.” The supporting invoice — Ly Construction Invoice #2412 — is dated August 14, 2024. The deduction was charged against the deposit on August 5. The invoice supposedly supporting the deduction did not exist until August 14. The deduction preceded its own evidence by nine days.
Defect 4 · The August 14 invoice does not bill for carpet — it bills for vinyl-plank flooring installation. Itemization on Invoice #2412: 950 sqft material at $2/sqft = $1,900 · install $2,175 · stairnose material $322 · stairnose install $1,540 · baseboard $800. The unit was upgraded with new vinyl-plank flooring at the departing tenant’s expense, then billed to the tenant as carpet damage. Under §1950.5(e) and the rule that a landlord may not charge a tenant for betterment, a permanent improvement to the property cannot be deducted from a security deposit. The unit was thereafter relisted as a short-term Airbnb at $7,995/month — approximately 122% above the tenant rent of $5,000 — consistent with the unit having been upgraded for a higher-yield use at tenant cost.
The instrument was used as a damages exhibit by counsel of record after delivery to the law-firm clerk inbox at 11:16 PM PDT on August 22, 2024. The lease (including Section 36) was in counsel’s file. The text of §1950.5(b) is within the working knowledge of an unlawful detainer practitioner. The four facial defects above were therefore in counsel’s file before any motion practice in this matter. Count VI (Defect 1 + Defect 2) and Count VII (Defect 3 + Defect 4) are the primary counts of this page.
Exhibit — the form before any tenant is named
Move-Out Clearance Report · blank template · DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D
The image below is the property-management template before any tenant data is entered. The DocuSign envelope identifier in the upper right is the same envelope identifier carried on the executed copy that Anna Ly signed against the Gasio tenancy on August 5, 2024. Every line a reader sees on the executed copy was printed onto the form by the drafter, not negotiated with the tenant.
Exhibit 07 · Move-Out Clearance Report · blank template · DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D
What the template establishes on its face. The form is engineered to produce a single bottom-line figure — Total Due — carried directly into the demand line Balance due Management within 14 days. Reading top-to-bottom, the structure is: tenant deposit listed as a Credit, line-item charges accumulated against the deposit, the deposit subtracted as a Credit at the bottom, and any positive remainder converted to a 14-day demand on the former tenant. No judicial finding precedes the demand. No itemized statement under Cal. Civ. Code §1950.5(g) is required by the form. No notice-and-cure period is contemplated. No signature of the tenant is required to validate any line-item charge. The form is the deduction.
Four pre-printed structural features warrant attention.
- A pre-printed line labeled “Attorney Fees” in the CHARGES block, with a dollar field at right. The line exists on the template before any deduction is calculated and before any lease is consulted.
- A Property Management Use box in the lower right with fields for Bldg, Vendor, Acct, Amt, By, and Date — consistent with a multi-tenant accounting workflow rather than a one-off deduction worksheet for a single property.
- A categorized CREDITS / CHARGES layout that totals to a single “Total Due” figure, then carries that figure to a 14-day demand on the former tenant. The form is engineered to generate a demand, not to reconcile competing accountings.
- Multiple unlabeled blank lines under “Other” and a wide capture area in the CHARGES block. Capacity to add charges without a category constraint — the form does not require the user to map an entry to a §1950.5(b) category.
Discovery question preserved. The factual predicate for a pattern-of-practice claim has not been confirmed on this record. The discovery target is how many other tenants this template has been used against, across what date range, and under which property-management or brokerage license. One use of an unlawful form is a mistake. Two uses against two consecutive tenants of the same address would be a method. Three uses across multiple matters in the same family network would be a business model.
License and identity record
DRE License
#01894348 — BROKER
Issued 01/28/2011 · Exp 06/11/2027
Status: LICENSED · No discipline of record
Active complaint: Case #1-24-0513-010
Issued 01/28/2011 · Exp 06/11/2027
Status: LICENSED · No discipline of record
Active complaint: Case #1-24-0513-010
DBA Status
Sun Realty and Management
Active 02/04/2011 to 02/24/2015
Expired with DRE on 02/24/2015
No current DBAs of record
Operating signage May 2022 = 7+ years post-expiration
Active 02/04/2011 to 02/24/2015
Expired with DRE on 02/24/2015
No current DBAs of record
Operating signage May 2022 = 7+ years post-expiration
Office of Record
1532 Orchard Dr
Newport Beach, CA 92660
Main phone (714) 724-5688
Residential corner property — Orchard Dr & Santa Ana Ave
No commercial brokerage suite of record
Newport Beach, CA 92660
Main phone (714) 724-5688
Residential corner property — Orchard Dr & Santa Ana Ave
No commercial brokerage suite of record
Role in This Matter
Listing agent and property manager
19235 Brynn Court — 2022 tenancy
Executed 2022 lease documents
Signed Move-Out Clearance Report Aug 5, 2024
Forwarded clearance to defense counsel Aug 22, 2024 11:16 PM
19235 Brynn Court — 2022 tenancy
Executed 2022 lease documents
Signed Move-Out Clearance Report Aug 5, 2024
Forwarded clearance to defense counsel Aug 22, 2024 11:16 PM
Corporate Connection
AP Silk Arts Inc
Co-registrant with Phat L.K. Tran
(Anna Ly CEO · Tran Registered Agent at his own residential address)
Links Ly to Tran’s business network
Co-registrant with Phat L.K. Tran
(Anna Ly CEO · Tran Registered Agent at his own residential address)
Links Ly to Tran’s business network
Ly Construction Invoice #2412
$7,837 charged for vinyl-plank flooring billed as carpet damage
Invoice dated 9 days after the Move-Out Clearance Report was executed
City inspector clearance issued 18 days before invoice
Salesperson “Dave Ly” · payable to David Ly
Garden Grove address · surname match
Familial relationship to Anna Ly not established on this record
Invoice dated 9 days after the Move-Out Clearance Report was executed
City inspector clearance issued 18 days before invoice
Salesperson “Dave Ly” · payable to David Ly
Garden Grove address · surname match
Familial relationship to Anna Ly not established on this record
Personal Email of Record
lymyhoa@yahoo.com
Personal Yahoo address — not a brokerage email
Used in pre-lease correspondence April 19, 2022 (subject “Re: 19235 Brynn Ct”)
Used to forward Move-Out Clearance Report to defense counsel of record on August 22, 2024 11:16 PM PDT
Personal Yahoo address — not a brokerage email
Used in pre-lease correspondence April 19, 2022 (subject “Re: 19235 Brynn Ct”)
Used to forward Move-Out Clearance Report to defense counsel of record on August 22, 2024 11:16 PM PDT
Update · 4/30/2026 · Parallel matters of public docket
Additional matters of public docket naming Anna Ly
The following matters appear on the public docket in addition to Gasio v. Tran et al. Each is presented as a docket reference only. No determination of liability has been made by any court or regulatory body in any matter, including this one. The docket case-type designators below reflect the court’s own classification at filing, not a legal conclusion of this site or its author.
Huynh v. Anh Andy Quang Tran & Anna Ly
OC Superior Court Case No. 30-2025-01502635-CU-FR-CJC
Case Type: CU-FR-CJC (Civil Unlimited · Fraud)
Status: Live · TRO entered August 21, 2025
Hearing: April 30, 2026 1:30 PM · Dept C19 · Hon. Nelson
Plaintiff’s counsel: ArentFox Schiff LLP
Defense counsel: Mike N. Vo, APLC
Disposition: Pending. No finding has been made.
Case Type: CU-FR-CJC (Civil Unlimited · Fraud)
Status: Live · TRO entered August 21, 2025
Hearing: April 30, 2026 1:30 PM · Dept C19 · Hon. Nelson
Plaintiff’s counsel: ArentFox Schiff LLP
Defense counsel: Mike N. Vo, APLC
Disposition: Pending. No finding has been made.
White Bear Investments, LLC v. Anna Ly
OC Superior Court · Filed 2020
Case Type: Professional Negligence
Status: Closed · Dismissed March 8, 2021 following arbitration shift
Plaintiff’s counsel of record: Jeannie Hwan Kim, CA Bar #182092
White Bear Investments LLC mailing address of record: PO Box 631, Brea CA 92822 — same address of record for plaintiff’s counsel
Disposition: Dismissed. No finding has been made.
Case Type: Professional Negligence
Status: Closed · Dismissed March 8, 2021 following arbitration shift
Plaintiff’s counsel of record: Jeannie Hwan Kim, CA Bar #182092
White Bear Investments LLC mailing address of record: PO Box 631, Brea CA 92822 — same address of record for plaintiff’s counsel
Disposition: Dismissed. No finding has been made.
Scope. The two dockets above are presented for documentary completeness. Inclusion does not impute liability. Inclusion of Huynh reflects only that the matter is on calendar today. Inclusion of White Bear Investments reflects only the form of the prior pleading and its disposition by dismissal.
2022 lease modification — 48-hour window
Apr 21, 2022
First 2022 lease executed — DocuSign Envelope E1408B26. Document A. No pet addendum. “Other Deposit” line: $375 ($300 garage openers + $75 mailbox key).
Apr 22, 2022
Anna Ly texts Complainant from (949) 923-5679: “there’s no dog addendum, landlord prefers tenants without dogs, we left it out to make it easy for you.” Admission of deliberate omission.
Apr 23, 2022 9:27 AM PDT
DocuSign Envelope 5D80110C completed — Document B. Pet addendum restored, $1,000 pet deposit added, “Other Deposit” rises to $1,375.
Apr 23, 2022 9:28 AM PDT
Anna Ly emails “Re: Agree gasio” one minute after Document B completes, directing rent payment to Phat Tran · Wells Fargo · Routing 122000247 · Account 1005959166. The same Wells Fargo account number reappears 26 months later as the depository on the June 28, 2024 wire from the tenant for $5,350 and on the June 21, 2024 Three-Day Notice. Anna Ly therefore disclosed Phat Tran’s personal banking instructions at lease commencement.
May 1, 2022
Move-in day. Photograph at 11:39 AM documents established black mold colonies in the under-sink kitchen cabinet. No mold, electrical defect, roof leak, or rotten subfloor was disclosed at listing.
May 6, 2022
Anna Ly texts Complainant acknowledging the kitchen electrical defect as a construction issue — six days after move-in. Not disclosed at listing.
2023–2024 communication chain — denial then reappearance
Feb 22, 2023 12:40:50 PM PST
“Extension of Lease May 2024” DocuSign envelope sent to Complainant. Complainant acknowledges receipt 10 minutes later. Envelope is voided three days afterward (Feb 25, 2023 11:10:19 AM).
Feb 23, 2023 2:05:07 PM PST
Anna Ly emails Complainant: “Have you paid rent for this month? The owner told me that he hasn’t received it yet.” Lease ¶3B specifies rent due the 1st. Phat Tran’s contemporaneous verbal statement to the tenant, as recalled by the tenant: that he had not charged the $500 that time but would the next time, and would report it to the tenant’s credit. Tran asserted bill due on the 20th.
Mar 18, 2023
Anna Ly’s first written denial of representation: “I sent Yulia docusign about 2 weeks ago. After few weeks, docusign is not available online. I no longer work for Phat Tran, call him directly.” Sent in response to Yulia Gasio’s CSULB-faculty email pointing out documents had been sent to Michael but not Yulia.
Mar 28, 2024
Complainant emails Phat Tran directly — “Time to Extend Lease 19235 Brynn Ct” — reporting habitability defects (broken sprinkler pipe, eroded driveway, 18 months hand-watering). Habitability issues placed in writing to the owner of record 12+ weeks before the eviction filing.
May 11, 2024 7:47 AM
Complainant’s “Demand Letter for contract after payment” addressed to Anna Ly, Anna Ly, Hanson Le, and Phat Tran. Hanson Le’s presence on the recipient list confirms Le has replaced Anna Ly as property manager by this date.
Aug 5, 2024
Anna Ly executes the Move-Out Clearance Report (DocuSign Envelope F5D247C2) — 17 months after her March 2023 written denial of representation, and after Hanson Le has assumed property-management functions.
Aug 14, 2024
Ly Construction Invoice #2412 dated — nine days after the Move-Out Clearance Report charged $7,835 against the deposit on a line citing the same invoice as support.
Aug 22, 2024 11:16 PM PDT
Anna Ly forwards the Move-Out Clearance Report from her personal Yahoo address (lymyhoa@yahoo.com) to OC Dental Implant Center, clerk@stevendsilverstein.com (Steven D. Silverstein, CA Bar #86466), and Michael Gasio, with Ky-Phat Tran on Cc. The transmittal places Anna Ly into the litigation transmittal cycle from a personal email account, 17 days after she signed the clearance and 8 days after the supporting invoice was dated.
Sep 2024
Anna Ly — written disclaimer to Complainant: “I do not represent Mr Tran in re negotiation, termination or extension of your lease. I just don’t represent Mr Tran period. I was never Mr Tran’s employee… Please remove me from all future correspondences.” Sent five weeks after she had executed and transmitted the Move-Out Clearance Report against the same tenancy.
License posture — Broker, no DBA, no affiliation
Verified DRE record · pulled twice with identical results · April 28, 2026 7:46 PM and April 30, 2026 3:42:05 PM
Anna Ly holds a Broker license — not a salesperson license — under DRE #01894348, issued January 28, 2011 and currently in LICENSED status with expiration 06/11/2027. The Department of Real Estate’s consumer license lookup shows NO FORMER NAMES, NO CURRENT DBAS, NO CURRENT BRANCHES, NO CURRENT AFFILIATED LICENSED CORPORATIONS, and NO DISCIPLINARY ACTION. The only DBA the DRE has ever recorded for this license — Sun Realty and Management — was active from 02/04/2011 to 02/24/2015 and has been INACTIVE for more than nine years. The mailing address and main office of record are both 1532 Orchard Dr, Newport Beach 92660, with main phone (714) 724-5688.
This is the legal posture against which every act in this matter is measured: an independent broker, operating without any registered DBA, without any affiliated brokerage corporation, and without any branch of record at any point relevant to the 2022–2024 conduct.
Operating under a DBA expired with DRE 02/24/2015
Google Street View imagery from May 2022 (Exhibit 03 above, with close-up at Exhibit 04) shows multiple Sun Realty · Open House signs imprinted with phone (714) 724-5688 staged in the open garage at 1532 Orchard Drive. The DRE record shows the Sun Realty and Management DBA expired more than seven years before that capture date. The signs were deployed in active solicitation in May 2022 from a DBA that had not been on file with the Department of Real Estate since February 2015.
May 2022 is the same month Anna Ly was listing and managing 19235 Brynn Court for the Tran tenancy — the property at issue in this matter. Operating signage and active brokerage activity under an expired DBA bears on B&P §10159.5 (use of fictitious business names by a real estate broker) and B&P §10176 (substantial misrepresentation by a licensee).
August 22, 2024 documentary email — transmittal to defense counsel
Yahoo archive · Re: MOVE OUT CLEARANCE REPORT · Thu Aug 22, 2024 at 11:16 PM PDT
From: Anna Ly <lymyhoa@yahoo.com> — personal Yahoo address.
To: OC Dental Implant Center; clerk@stevendsilverstein.com; Michael Gasio.
Cc: Ky-Phat Tran.
Body: “Hi all, Attached is Move Out Clearance Report for your file. Property address: 19235 Brynn Ct., Huntington Beach, CA. Anna Ly.”
Reply to: a Phat Tran origination email timestamped 03:56:11 PM PDT the same day, sent from From the office of Dr Phat Tran DMD Inc, 14411 Brookhurst St Ste A and B, Garden Grove CA 92843 — the dental-practice address.
The documentary import is dense. First, this email is the earliest known transmittal of the Move-Out Clearance Report into the file of the landlord’s defense counsel of record — arriving at the clerk inbox at clerk@stevendsilverstein.com at 11:16 PM PDT on August 22, 2024. Second, the transmittal happened seventeen days after Anna Ly signed the clearance report on August 5, 2024, and eight days after Ly Construction Invoice #2412 was dated (August 14, 2024) — placing Anna Ly in active documentary participation in the litigation transmittal cycle, not merely as a 2022 listing agent. Third, the originating message at 3:56 PM PDT places Phat Tran personally and directly into the same litigation packet, sent from the Garden Grove dental practice rather than any property-management or attorney channel.
Independent broker — implications
Because Anna Ly is the broker on her own license — with no affiliated brokerage and no current DBA — the licensee duties under B&P §10130, §10159.5, §10176, and the parallel duties under Cal. Civ. Code §1950.5 run directly to her without any intermediating broker of record to absorb supervisory exposure. There is no responsible broker upstream from Anna Ly on this license. There is no brokerage corporation between her and the conduct. The conduct on this matter — the May 2022 listing under an expired DBA, the April 22–23, 2022 lease modification sequence, the 2024 Move-Out Clearance Report executed after texts establish her management role had terminated, the Ly Construction Invoice #2412 dated nine days after the clearance, and the August 22, 2024 documentary email transmittal — is the conduct of the licensee.
The companion observation: Phat Tran is the owner of record on the subject property and holds a DDS license, not a real estate license. The licensee chain in this matter therefore runs through Hanson Le on the BHHS side and Anna Ly on the Sun Realty side — not through Tran. That allocation is reflected throughout the agency-letter materials.
Move-out clearance — authority and the Ly Construction invoice
Authority-termination texts · verbatim content pending paste from case file
Counts III, IV, V, and VII rely on documented text messages and emails establishing that Anna Ly’s property-management role for 19235 Brynn Court had previously terminated before she signed the Move-Out Clearance Report on August 5, 2024. The first written denial of representation — March 18, 2023, “I no longer work for Phat Tran, call him directly” — predates the August 5, 2024 execution of the clearance report by 17 months. The September 2024 disclaimer — “I just don’t represent Mr Tran period” — postdates execution by five weeks. The verbatim text content and timestamps from the underlying SMS thread (originating from (949) 923-5679, Anna Ly’s mobile of record) will be exhibited in this block once pulled from the case file.
Two documents in conflict — both in the court record
Document 1 — City inspector move-out clearance report: Issued confirming no pet damage, clean carpets, property in acceptable condition. Dated 18 days before the Ly Construction invoice.
Document 2 — Ly Construction Invoice #2412, $7,837: Submitted to OC Superior Court. Itemizes vinyl-plank flooring, stairnose, and baseboard installation. Dated 18 days after the city inspector cleared the unit. Baseboard replacement is consistent with a full remodel, not tenant-damage remediation.
Document 3 — Move-Out Clearance Report, DocuSign Envelope F5D247C2: Bears Anna Ly’s electronic signature. Documented denials of representation establish her management role had terminated. An individual whose management authority had ended signed a document used in active litigation to support a damages claim contradicted by the city inspector’s own clearance.
Alleged charges — eight counts
Count ILease Modification — Actual FraudCal. Civ. Code §1572 · B&P §10176
A Residential Lease was executed April 21, 2022 (DocuSign Envelope E1408B26 — Document A). The following morning Ly texted the tenant from (949) 923-5679 that the pet addendum had been deliberately omitted to make it “easy.” The next morning a “revised” lease was emailed restoring the addendum, adding a $1,000 pet deposit, and directing rent to Phat Tran’s Wells Fargo account …9166 (DocuSign Envelope 5D80110C completed 9:27 AM PDT — Document B). The bank-account direction email followed Document B’s completion by one minute. The 48-hour modification sequence following a completed executed instrument is examined against Cal. Civ. Code §1572 and B&P §10176.
Count IIHabitability Non-DisclosureCal. Civ. Code §§1941.1, 1102 · Cal. H&S Code §17920.3
Move-in day photograph dated May 1, 2022 at 11:39 AM documents established black mold in the under-sink kitchen cabinet. Ly acknowledged the kitchen electrical defect as a construction issue in a text six days after move-in. Sprinkler/driveway defects were placed in writing to Phat Tran on March 28, 2024 — 12+ weeks before the eviction filing. Neither mold, electrical defects, roof leak, broken sprinkler pipe, nor rotten subfloor was disclosed in the listing.
Count IIIActing Without Authority — Move-Out ClearanceB&P §10130 · Cal. Civ. Code §1950.5
The Move-Out Clearance Report (DocuSign Envelope F5D247C2) bears Anna Ly’s electronic signature dated August 5, 2024. Anna Ly’s own written denial of representation of Phat Tran is dated March 18, 2023 — 17 months before the clearance report was executed. A second written disclaimer in September 2024 reaffirms the position. The clearance report was used as the basis for the damages claim against Complainant’s security deposit.
Count IVLy Construction Invoice #2412 — Submitted to Court Despite Pre-Existing City Inspector ClearanceCal. Civ. Code §1572 · B&P §10176
A Ly Construction invoice for $7,837 — itemizing vinyl-plank flooring, stairnose, and baseboard installation attributed to tenant damage — was submitted to the OC Superior Court. A city inspector move-out clearance report issued 18 days before the invoice date confirmed no pet damage and clean carpets. Ly Construction principals share a surname with Anna Ly; familial relationship is not established on this record. These facts may also support a criminal referral under Cal. PC §132 (offering false evidence) and §134 (preparing false evidence). Criminal liability is determined by qualified prosecutors and courts, not by the plaintiff or this site.
Count VSecurity Deposit MishandlingCal. Civ. Code §1950.5
The Ly Construction invoice — contradicted by the city inspector’s clearance issued 18 days before its date, and dated 9 days after the deduction was charged against the deposit — does not constitute a legitimate documented deduction under §1950.5. Anna Ly, as the signatory on the Move-Out Clearance Report, is in the chain of handling for the security deposit disposition.
Count VI · PRIMARYPre-Printed “Attorney Fees” Line on Move-Out Clearance Report — $2,005 Unauthorized Deduction Exceeding Lease Section 36 CapCal. Civ. Code §1950.5(b), (l) · B&P §10176 · Lease Section 36
The Move-Out Clearance Report (DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D) executed by Anna Ly on August 5, 2024 contains a pre-printed line for “Attorney Fees.” On that line: $2,005, deducted from the security deposit. Cal. Civ. Code §1950.5(b) limits permitted security-deposit deductions to four enumerated categories: unpaid rent, cleaning, damages beyond ordinary wear and tear, and restoration of the unit. Attorney fees are not among them. A pre-printed line on a property-management form does not amend the Civil Code. The deduction is unlawful on the face of the form. Lease Section 36 caps attorney fees and costs collectively at $1,000; the $2,005 deduction exceeds the contractual cap by $1,005. As the licensee whose electronic signature is on the form, Anna Ly executed an instrument that, on its face, made an unauthorized security-deposit deduction. B&P §10176(a) (substantial misrepresentation by a licensee) and (i) (any other conduct constituting fraud or dishonest dealing) are applicable. Statutory damages under §1950.5(l) for bad-faith retention may be up to twice the deposit amount in addition to actual damages.
Count VII · PRIMARYLy Construction Invoice #2412 — Charge Pre-Dates Supporting Invoice; Vinyl-Plank Flooring Installed but Billed as Carpet DamageCal. Civ. Code §1572, §1950.5(b)(2), §1950.5(e) · B&P §10176
Date defect. The Move-Out Clearance Report charged $7,835 for “Replace carpet due to dog pee bad smell, attached invoice.” The supporting invoice — Ly Construction Invoice #2412 — is dated August 14, 2024, nine days after the Move-Out Clearance Report was executed. The deduction was charged against the deposit on August 5; the invoice supposedly supporting the deduction did not exist until August 14.
Mismatch defect. The invoice does not bill for carpet replacement: it bills for vinyl-plank flooring installation (950 sqft material at $2/sqft = $1,900; install $2,175; stairnose material $322; stairnose install $1,540; baseboard $800). The unit was upgraded with new flooring at the departing tenant’s expense, billed to the tenant as carpet damage. Vendor: Ly Construction (License #1068334, Bond #GCL5928963), salesperson Dave Ly, payable to David Ly. Surname match to Anna Ly — familial relationship not established on this record.
Betterment bar — Cal. Civ. Code §1950.5(e). Section 1950.5(e) permits a landlord to claim from the deposit only the amount reasonably necessary to repair damages caused by the tenant exclusive of ordinary wear and tear. The statute does not authorize charging a tenant for permanent improvements to the property. Replacing wall-to-wall carpet with vinyl-plank flooring is an upgrade, not a repair to original condition. The unit was relisted post-eviction as a short-term Airbnb at $7,995/month — approximately 122% above the tenant rent of $5,000 — consistent with the unit having been upgraded for a higher-yield use. The $7,835 deduction billed to the departing tenant under a “carpet” line is unlawful retention under §1950.5(e) on a betterment basis independent of the date defect.
Statutory ceiling on legitimate carpet deduction — Cal. Civ. Code §1950.5(b)(2). Even if the carpet had been damaged beyond ordinary wear and tear, §1950.5(b)(2) caps the deduction at the cost of repair depreciated against remaining useful life under California Department of Consumer Affairs guidance and the framework reflected in Granberry v. Islay Investments (1995) 9 Cal.4th 738. Useful-life analysis applied to the documentary record places the legitimate deduction ceiling at approximately $695.20, with a depreciated practical range of $278–$396 against remaining useful life at lease termination. The $7,835 charged is approximately eleven times the statutory ceiling. The remainder — in excess of $7,400 — is unlawful retention on a depreciation basis whether or not the betterment bar applies.
Composite wrongful retention. Defect 1 ($2,005 attorney fees outside §1950.5(b)) + Defect 2 ($1,005 over Lease Section 36 cap, subsumed within Defect 1) + Defect 4 (~$7,400 above the statutory carpet ceiling on a vinyl-plank betterment) + the smaller deduction lines documented elsewhere on the form yield a composite wrongful-retention exposure of approximately $10,790, before the §1950.5(l) statutory-damages multiplier of up to two times the deposit for bad-faith retention.
These facts may also support a criminal referral under Cal. PC §132 (offering false evidence) and §134 (preparing false evidence). Criminal liability is determined by qualified prosecutors and courts, not by the plaintiff or this site.
Count VIIIOperating Under Expired DBA · Documentary Transmittal from Personal Email to Defense CounselCal. B&P §10159.5 · B&P §10176 · Cal. Civ. Code §1572
Operating under an expired DBA. The DRE consumer license lookup record (Exhibit 01) confirms that Anna Ly’s only ever-recorded DBA, Sun Realty and Management, was active from 02/04/2011 to 02/24/2015 and has been INACTIVE since. Google Street View imagery from May 2022 (Exhibits 03 and 04) shows multiple Sun Realty · Open House signs — imprinted with the same (714) 724-5688 phone number listed on Exhibit 02 — staged in the open garage at the DRE-of-record main office. May 2022 is more than seven years after the DBA expired, and is the same month and from the same operational base from which Anna Ly listed and managed 19235 Brynn Court for the Tran tenancy. B&P §10159.5 governs broker use of fictitious business names; use of an expired DBA in active solicitation is examined under that statute and B&P §10176 (substantial misrepresentation by a licensee).
Documentary transmittal from personal email to defense counsel. On August 22, 2024 at 11:16 PM PDT, Anna Ly forwarded the Move-Out Clearance Report from her personal Yahoo address (lymyhoa@yahoo.com) to OC Dental Implant Center, clerk@stevendsilverstein.com, and Michael Gasio, with Ky-Phat Tran on Cc (Exhibit 05). The forward was a reply to a 03:56:11 PM PDT origination message from Phat Tran sent from the Garden Grove dental-practice address. The transmittal happened seventeen days after Ly signed the clearance report on August 5, 2024 and eight days after Ly Construction Invoice #2412 was dated. The act places Anna Ly in active documentary participation in the litigation transmittal cycle — using a personal Yahoo address rather than any brokerage channel — and establishes the earliest documented receipt of the clearance report at the defense counsel of record’s clerk inbox.
Discovery targets and pattern-of-practice questions
Pattern-of-practice question · not asserted as a numbered count · preserved as discovery target
The Move-Out Clearance Report form with the pre-printed Attorney Fees line is a property-management standard template. Whether the same form was used in earlier evictions involving the same eviction counsel and members of the family network is a question of fact that the documentary record does not yet answer.
Specific discovery targets:
- Was the same form used in the prior 19235 Brynn Court eviction (approximately 2022, prosecuted by the same eviction counsel for the same landlord)?
- Was the same form used in evictions prosecuted by the same counsel for other members of the Tran family network — including Thao Tran (believed to be the spouse of Phat L.K. Tran; relationship not verified on this record)?
- How many other tenants has the same template been used against, and across how many years?
One use of an unlawful form is a mistake. Two uses of the same unlawful form against two consecutive tenants of the same address would be a method. Three uses across multiple matters in the same family network would be a business model. Each independent use, if confirmed, would bear on Cal. Bus. & Prof. Code §17200 (unfair business practices) with restitution and disgorgement remedies, and on Anna Ly’s licensee duty under B&P §10176 across the multiple matters.
This section presents questions for discovery, not findings. The factual predicate for a pattern-of-practice claim has not been confirmed on this record.
Primary sources
- PS-01California DRE Consumer License Lookup — Anna Ly · License #01894348 · License Type: BROKER · Issued 01/28/2011 · Exp 06/11/2027 · Status: LICENSED · Mailing Address and Main Office: 1532 Orchard Dr, Newport Beach 92660 · NO FORMER NAMES · NO CURRENT DBAS · NO CURRENT BRANCHES · NO CURRENT AFFILIATED CORPORATIONS · NO DISCIPLINARY ACTION · Sun Realty and Management DBA active 02/04/2011 to 02/24/2015 (inactive since) · Active complaint Case #1-24-0513-010 · Pulled twice with identical results: April 28, 2026 7:46 PM and April 30, 2026 3:42:05 PM (Exhibit 01)
- PS-02DocuSign Envelope E1408B26 — April 21, 2022 — original lease (Document A, $375 Other Deposit, no pet addendum). Envelope 5D80110C — April 23, 2022 9:27 AM PDT — revised lease with pet addendum, $1,000 pet deposit, $1,375 Other Deposit (Document B). Voided envelope bf76ec2b-f59f-4e3d-8c90-90545d1121dd — sent April 22, 2022, voided August 21, 2022 — clerical email-typo correction not substantive lease modification.
- PS-03Anna Ly text from (949) 923-5679 — April 22, 2022 — “there’s no dog addendum, landlord prefers tenants without dogs, we left it out to make it easy for you” — admission of deliberate omission.
- PS-04Anna Ly text — May 6, 2022 — acknowledges kitchen electrical defect as “construction issue” — six days after move-in.
- PS-05Move-in photograph — May 1, 2022, 11:39 AM — documents black mold colonies in under-sink kitchen cabinet.
- PS-06Move-Out Clearance Report — DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D — Anna Ly’s electronic signature dated August 5, 2024 — executed 17 months after Anna Ly’s March 18, 2023 written denial of representation of Phat Tran.
- PS-07City inspector move-out clearance report — confirms no pet damage, clean carpets — issued 18 days before Ly Construction Invoice #2412 date.
- PS-08Ly Construction Invoice #2412 — $7,837 — submitted to OC Superior Court — dated August 14, 2024, nine days after the Move-Out Clearance Report charged $7,835 against the deposit citing this invoice as support — itemizes vinyl-plank flooring, stairnose, and baseboard installation, not carpet replacement.
- PS-09AP Silk Arts Inc — CA Secretary of State records — co-registrants: Phat L.K. Tran (Registered Agent, at his own residential address) and Anna Ly (CEO).
- PS-10Google Street View — 1532 Orchard Dr, Newport Beach — capture date May 2022 — multiple Sun Realty · Open House signs imprinted (714) 724-5688 staged in open garage at DRE-of-record main office — seven years three months after Sun Realty and Management DBA expired with DRE 02/24/2015 (Exhibits 03 and 04).
- PS-11Yahoo Mail archive — “Re: MOVE OUT CLEARANCE REPORT” — Thu Aug 22, 2024 at 11:16 PM PDT — From: Anna Ly <lymyhoa@yahoo.com> — To: OC Dental Implant Center, clerk@stevendsilverstein.com, Michael Gasio — Cc: Ky-Phat Tran — reply to Phat Tran 03:56:11 PM PDT origination message from Dr Phat Tran DMD Inc, 14411 Brookhurst St Ste A and B, Garden Grove CA 92843 (Exhibit 05).
- PS-12Huynh v. Anh Andy Quang Tran & Anna Ly — OC Superior Court Case No. 30-2025-01502635-CU-FR-CJC — verified complaint filed August 8, 2025 · 152 pages · TRO entered August 21, 2025 (ROA #22) naming both defendants · demurrer and motion to strike calendared April 30, 2026 1:30 PM Dept C19 Hon. Nelson · Plaintiff’s counsel of record: ArentFox Schiff LLP (Eric J. Fromme SBN 193517, Annie Y. Stoops SBN 286325, Shannon W. Rieger SBN 351668) · Defense counsel of record: Mike N. Vo, APLC · complaint pleads at ¶20: “Defendants also work as real estate agents” · identity overlap of Huynh defendant Anna Ly with broker #01894348 has not been established on this record. No determination of liability has been made by any court or regulatory body in any matter, including this one.
- PS-13California DRE Consumer License Lookup — Anh Andy Quang Tran search results · pulled April 30, 2026 · search “TRAN ANH” (legal first name as pleaded in Huynh): NO MATCHING PUBLIC RECORD · search “TRAN ANDY” (AKA spelling): NO MATCHING PUBLIC RECORD · bare “TRAN” corporate index returned six unrelated DBAs/corporations, none in Westminster, none affiliated with Anna Ly broker #01894348.
- PS-14California DRE Office Details Lookup — Anna Ly · office of record 1532 Orchard Dr, Newport Beach 92660 · main phone (714) 724-5688 · DRE #01894348 · agent roster shows sole licensee “Ly, Anna” at this office — corroborates absence of affiliated salespersons or brokerage corporation · pulled April 30, 2026 (Exhibit 06).
- PS-15California DRE Consumer License Lookup — Anna Ly Oyama · License #02054190 · License Type: SALESPERSON · Issued 01/08/2018 · Responsible Broker: Real Estate of the Pacific Inc (#01767484) · pulled April 30, 2026 · This is a separate licensee with a different DRE license number, different city of mailing address, different responsible broker, and different surname. Anna Ly Oyama is not the broker of record on this matter and has no documented connection to Gasio v. Tran.
- PS-16True People Search public-records aggregator — pulled April 30, 2026 · the Anna Ly named in Huynh v. Tran/Ly Statement of Information exhibits as residing in Cypress is reported as age 65, born July 1960 · broker #01894348’s DRE record shows NO FORMER NAMES across both pulls · identity correspondence between Cypress Anna Ly and broker #01894348 has not been established on this record.
- PS-17Move-Out Clearance Report — blank template — DocuSign Envelope ID F5D247C2-A1A9-4991-B91F-6A333347A87D — the same envelope identifier carried on the executed copy at PS-06 — reproduced on this page as Exhibit 07 to show the pre-printed structural features of the form before any tenant data is entered, including the pre-printed “Attorney Fees” line in the CHARGES block, the categorized CREDITS / CHARGES layout terminating in a 14-day demand on the former tenant, and the multi-tenant Property Management Use accounting box.
- PS-18Anna Ly email “Re: Agree gasio” — April 23, 2022 9:28 AM PDT — one minute after Document B (Envelope 5D80110C) completed — directs rent to Phat Tran · Wells Fargo · Routing 122000247 · Account 1005959166 — same Wells Fargo account number reappearing 26 months later as the depository on the June 28, 2024 $5,350 wire and on the June 21, 2024 Three-Day Notice.
- PS-19Anna Ly email — March 18, 2023 — first written denial of representation: “I no longer work for Phat Tran, call him directly” — sent in response to Yulia Gasio’s CSULB-faculty email regarding DocuSign delivery to Yulia versus Michael only.
- PS-20Anna Ly email — September 2024 — written disclaimer: “I do not represent Mr Tran in re negotiation, termination or extension of your lease. I just don’t represent Mr Tran period. I was never Mr Tran’s employee… Please remove me from all future correspondences.” — sent five weeks after Anna Ly executed and transmitted the Move-Out Clearance Report against the same tenancy.
Scope and allegation standard. Every factual assertion is drawn from primary documents. All characterizations of conduct are allegations. No determination of liability has been made by any court or regulatory body.