Case File for Counsel Review
Gasio v. Tran et al.
Orange County Superior Court · Case No. 30-2024-01410991-CL-UD-CJC
Section 2 of 8
Chronology
May 2022 – August 2024

Chronology

A factual sequence of documented events, May 2022 through August 2024, with each entry anchored to a primary document.

This chronology presents only events corroborated by primary documents in the case file. Phone calls without independent corroboration are noted but identified as such. Entries marked “Key” are events that govern the legal posture of subsequent events.

Statutory and exhibit references are provided for counsel’s convenience and direct the reader to Sections 3 through 8 of this case file.

2022 — Tenancy Established

KeyApr 21, 2022
Residential Lease executed via DocuSign (Envelope ID E1408B26-9382-47C5-827B-BB69325B53BC). Landlord: Phat Tran. Tenants: Michael A. Gasio, Yulia S. Gasio. Property: 19235 Brynn Ct., Huntington Beach, CA. Rent: $5,000/month. Property Manager listed: Anna Ly, Sun Realty and Management, 1532 Orchard Dr., Newport Beach, CA. Payment directed to Phat Tran personally at 20012 Sand Dune Lane, Huntington Beach. Source: 2022 C.A.R. Form LR Residential Lease · See Section 5
May 1, 2022
Tenancy commenced. Security deposit $5,000 paid; first month rent $5,000 paid; total move-in funds $10,375.00. Source: 2022 lease move-in cost schedule
May 10, 2022
Plaintiffs notified owner by email of burnt electrical outlet under sink and dishwasher found full of water at move-in. Email referenced prior contacts to Anna Ly which had been redirected back to the owner. Source: Email from gasio77@yahoo.com to kyphat@yahoo.com, May 10, 2022 3:20 PM

2024 — Lease Renewal Period

Mar 5, 2024
Plaintiffs notified owner that the dishwasher had failed. Source: Tenant communication record
KeyMar 20, 2024
Telephone conversation between Michael Gasio and Phat Tran. Plaintiffs communicated intent to vacate at the end of April 2024 and requested return of full security deposit. Owner responded that he wished to retain the plaintiffs as tenants and would address property issues. (Conversation by phone; corroborated in writing by the owner’s email of April 2, 2024, below.) Source: Plaintiff record; corroborated by Apr 2, 2024 email
Mar 28, 2024
Plaintiffs emailed owner regarding lease arrangements and property maintenance issues including broken sprinkler line under driveway and watering by hand for 18 months. Source: Email gasio77@yahoo.com to kyphat@yahoo.com, “Time to Extend Lease 19235 Brynn Ct,” Mar 28, 2024 9:42 AM
KeyApr 2, 2024
Owner’s written response to the March 20 conversation. Owner wrote: “thanks for sharing rental market with me, lately I’m too busy with my practice and I’m thinking to hire the company help me to manage rental property, please do not think we’re looking new lessee.” This places in writing the owner’s acknowledgment that plaintiffs were considering departure and his stated intent to retain them as tenants. Source: Email from kyphat@yahoo.com, Apr 2, 2024 11:10 AM · See Section 5
Apr 18, 2024
Hanson Le, listing agent and prospective property manager, attended the property. Dishwasher repair not completed. Source: Tenant communication record
KeyApr 19, 2024
Plaintiffs wired $5,000 from Wells Fargo Premier Checking ...0732 to recipient bank account ending ...9166, designated “Landlord.” Confirmation #OW00004382456864. Memorandum to recipient’s bank: “New lease 24 one payment at 5000.” Wire fee $0. Sent and delivered same day. Source: Wells Fargo wire transfer detail, Apr 19, 2024 · See Section 5
KeyApr 26, 2024
New Residential Lease executed via DocuSign (Envelope ID 46CC8725-F790-DF11-96F5-604580068161). Landlord: Phat Ky Tran. Tenants: Michael Andrew Gasio, Yulia Gasio (and named occupant Tetyana Zvyagintseva). Term: 13 months commencing May 1, 2024, terminating June 30, 2025. Rent: $5,350/month. Security deposit: $5,000. Broker/Property Manager listed: Hanson Le, Berkshire Hathaway HomeServices California Properties. Payment directed to: Wells Fargo Bank, Name: Hanson Le, Account #3312943297. Source: 2024 C.A.R. Form RLMM Residential Lease · See Section 5
May 11, 2024
Plaintiffs wrote owner to inquire on dishwasher repair status and to address need for active property management following Hanson Le’s reduced involvement. Source: Tenant communication record
KeyMay 13, 2024
Hanson Le sent text from “Property Manager” line at 3:50 PM: “Michael: I am no longer handling or managing this property from today 5/13/24024. Please remove my phone and email from all of your communications. For all matters related to this house, please contact the owner directly. Thanks, Hanson.” This withdrawal occurred 12 days after the new lease commenced and 39 days before the Three-Day Notice was served. Source: Text message from “Property Manager,” May 13, 2024 3:50 PM
KeyMay 15, 2024
Plaintiffs purchased replacement dishwasher from The Home Depot for delivery to 19235 Brynn Ct. Order total: $1,011.52 (subtotal $1,207.96 less $281.00 savings, plus $29.00 appliance delivery and $55.56 estimated sales tax). Order confirmation emailed to gasio77@yahoo.com. This purchase was an exercise of the tenant repair-and-deduct remedy under Cal. Civ. Code § 1942 following the owner’s failure to repair the dishwasher first reported March 5, 2024. Source: Home Depot Secure Checkout order record, scheduled delivery May 15, 2024 · See Section 4
May 15, 2024
Hanson Le sent email at 10:07 AM PDT confirming withdrawal: “Please direct all of your contact directly with the owner. I don’t have any further involvement with you or the owner.” Email signature lists Hanson Le, Realtor, Broker Associate, DRE Lic. #01358448, Berkshire Hathaway HomeServices California Properties, 5848 Edinger Ave, Huntington Beach, CA 92649. Source: Email hansonle@bhhscaprops.com to gasio77@yahoo.com, May 15, 2024 10:07 AM PDT
KeyMay 28, 2024
Cashier’s check obtained for $4,338.48, dated May 28, 2024, payable to Berkshire Hathaway HomeServices. Amount represents lawful net rent ($5,350 contractual rent less $1,011.52 documented dishwasher deduction, with the small balance reconciling to the cashier’s check fee and rounding). Mailed via USPS Certified Mail in four 1-pound packages to Berkshire Hathaway, including Home Depot invoice as documentation of the offset. Source: USPS receipt 05/28/2024 03:41 PM, Huntington Beach 6771 Warner Ave; cashier’s check copy · See Section 4
KeyMay 30, 2024
USPS tracking #9534914882764149935944 confirmed delivery at 3:43 PM in Huntington Beach 92649. Status: “Delivered, Left with Individual.” Signed for by “H H.” Source: USPS Tracking record · See Section 4
KeyJun 21, 2024
Three-Day Notice to Pay Rent or Quit served. Demanding $5,350.00 for the period June 1, 2024 to June 30, 2024. Payment directed to: Phat Tran c/o Wells Fargo Bank, Account #1005959166, payable in person at Wells Fargo Bank branch, 19840 Beach Blvd., Huntington Beach. Account number does not match the lease payment account (#3312943297). Notice bears typed name “PHAT L.K. TRAN” with no handwritten signature. Source: Three-Day Notice document, dated 6/21/2024 · See Section 3
Jul 3, 2024
Unlawful Detainer action filed in Orange County Superior Court (Case No. 30-2024-01410991-CL-UD-CJC). Case Type: Unlawful Detainer — Residential. Department C61. Source: Court docket · See Section 6
KeyAug 5, 2024
Plaintiffs vacated the premises. Date confirmed by Move Out Clearance Report (DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D). Original move-in date confirmed as 05/01/2022; rent paid through 05/01/2024; vacate date 08/05/2024. Source: Move Out Clearance Report DocuSign · See Section 5

2025 — Court Proceedings

Feb 25, 2025
Matter taken under submission following hearing. Court considered written and oral arguments and evidence presented by both parties. Source: Court minute order, March 27, 2025 · See Section 6
KeyMar 27, 2025
Court issued Under Submission Ruling. Commissioner Carmen D. Snuggs-Spraggins, Department C61. Court’s findings expressly acknowledge: “Defendant produced a copy of a cashier’s check in the amount of $4,338.48 dated May 28, 2024, made payable to Berkshire Hathaway Homeservices.” Court admitted multiple defense exhibits into evidence (Exhibits J, K, L, M, N, O, Q). Source: Court Minute Order, Document ID 74522578 · See Section 6
Apr 5, 2025
Plaintiffs delivered cashier’s check #0084411978 in the amount of $5,338.48 to the Clerk of the Court, Superior Court of California, marked “PAYMENT UNDER PROTEST.” Source: Wells Fargo cashier’s check #0084411978, Apr 5, 2025
Note on phone-based events. Two events in this chronology rest on telephone conversations: the May 10, 2022 communications referenced in the email of that date, and the March 20, 2024 conversation. The March 20 conversation is corroborated in writing by the owner’s email of April 2, 2024, which acknowledges that plaintiffs were considering departure and confirms the owner’s stated intent to retain them. The chronology relies on phone events only where corroborating writings exist.