Case File for Counsel Review
Gasio v. Tran et al.
Orange County Superior Court · Case No. 30-2024-01410991-CL-UD-CJC
Department C61
Central Justice Center
Filed July 3, 2024

Statute & Proof-Element Crosswalk

A roles-anonymized reference matrix organizing the statutes relevant to the conduct documented in the preceding sections, the elements each statute requires, and the primary documents in this case file that bear on each element. Provided to orient counsel, regulatory investigators, and any reviewing agency to the documentary record without asserting any legal conclusion.

How to read this page. Each entry on this page sets out the statute, the elements a prosecutor or regulator would need to establish, and the primary documents in this file that bear on each element. The entries are organized by jurisdictional tier: federal, then California state, then local municipal. Within each tier, statutes are listed in numerical order.

This page does not assert that any statute has been violated by any person. The determination of whether a given element is satisfied as to any given individual is reserved to qualified counsel, prosecutors, regulators, and the courts. This page identifies which documents in the plaintiff’s case file would bear on that determination if it were undertaken.

References to roles (Owner, 2022 Listing Agent, 2024 Property Manager, Eviction Counsel, Prior Defense Counsel, Third-Party Operator) are used in place of proper names for readability. The identity of each role-holder is set out in the “Parties of record” section of the home page and is evident from the documents referenced throughout the case file.

Role abbreviations used on this page

R-1 · OwnerThe record owner of the Premises at all times relevant to the 2022 and 2024 tenancies.
R-2 · 2022 Listing AgentThe salesperson-licensee of record who represented the Owner in the April 2022 lease formation and subsequent property-management communications.
R-3 · 2024 Property ManagerThe salesperson-licensee who was identified to the plaintiff by the Owner in April 2024 as the incoming property manager and who executed the April 26, 2024 lease as broker/manager of record.
R-4 · 2024 Designated BrokerThe designated broker of record under whose license R-3 was operating at all times relevant to the 2024 lease execution and subsequent eviction.
R-5 · Eviction CounselThe attorney of record for the Owner in the unlawful detainer action filed July 3, 2024.
R-6 · Prior Defense CounselThe attorney who briefly represented the plaintiffs in late 2024 and filed a letter of withdrawal received January 10, 2025, three days before the scheduled January 13, 2025 trial.
R-7 · Third-Party OperatorThe individual who took possession of tenant personal property in June 2024 and is associated in public records with the post-eviction short-term-rental conversion of the Premises.

Evidentiary framework common to all entries

For each statute below, the proof-element framework is as follows. Element descriptions are stated in the statute’s own terms. The “primary documents bearing on this element” line identifies the evidence in this file that would be relevant to a prosecutor or regulator evaluating whether the element is met. The “roles implicated” line identifies the role-holders whose documented conduct would be at issue if the element were evaluated. These designations are descriptive of the evidentiary record; they do not assert guilt, intent, or satisfaction of any element.

Tier I · Federal criminal and civil statutes
Title 18 U.S. Code (criminal) · Title 42 (fair housing) · Title 26 (tax)
18 U.S.C. § 1341
Mail Fraud
Elements
  1. A scheme or artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises. Primary documents: Section 5 Stages 2022-A / 2022-B (the 48-hour pre-move-in modification with the April 22 text characterizing the pet addendum as “left out to make it easy for you” followed 14 hours later by the April 23 email proposing a “revised lease contract” adding a $1,000 pet deposit); Section 5 Stage 7.5 (the representation that eviction would commence the Monday following execution if the new lease was not signed).
  2. Use of the United States mails in furtherance of the scheme, or causing the mails to be so used. Primary documents: Section 4 (USPS Signature Confirmation Tracking #9534914882764149935944, May 28, 2024 mailing of the cashier’s check to Berkshire Hathaway HomeServices; signed for at delivery by “H H” on May 30, 2024); Section 3 (the June 21, 2024 Three-Day Notice, served by mail).
  3. Intent to defraud. Primary documents: Section 6 Stage 5 (January 31, 2025 text in which the Owner acknowledges he did not know rent had been paid to the 2024 Property Manager’s personal account); the sequence of inconsistent written and oral representations by the 2024 Property Manager to the plaintiff and to the Owner as documented in Section 5 Stages 7 through 9.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4 — see Section 5 Stages 2022-A, 2022-B, 7.5, 8, 9; Section 3 Items 1–6; Section 4.
18 U.S.C. § 1343
Wire Fraud
Elements
  1. A scheme or artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises. Primary documents: Section 5 Stages 2022-A / 2022-B / 7.5 / 8; Section 6 Stage 5 (January 31, 2025 Owner admission).
  2. Use of interstate wire, radio, or television communications in furtherance of the scheme. Primary documents: DocuSign envelopes E1408B26 (April 21, 2022 Document A), 5D80110C (April 23, 2022 Document B), 46CC8725 (April 26, 2024 lease), and F5D247C2 (August 5, 2024 Move Out Clearance Report) — each transmitted through DocuSign’s interstate platform. Wells Fargo electronic wire transfers on April 26, 2022 (Confirmation OW00002146396360), April 19, 2024 (Confirmation OW00004382456864), and June 28, 2024 (Confirmation OW00004652829145). Email correspondence reproduced at Section 5 Stages 2022-B, 2, and 7.
  3. Intent to defraud. Primary documents: Pattern evidence across Section 5 Stages 7 through 9 and Section 6 Stage 5, read together; the inconsistency between representations made to the plaintiff (“eviction Monday if you don’t sign”) and contemporaneous representations made to the Owner (“the tenant does not want to sign”) is the central pattern-evidence for this element.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4 — see Section 5 throughout; Section 6 Stages 4–5.
18 U.S.C. § 1344
Bank Fraud
Elements
  1. A scheme or artifice to defraud a financial institution, or to obtain money, funds, credits, or property owned by or under the custody of a financial institution by means of false or fraudulent pretenses. Primary documents: Section 5 Stage 8 (April 26, 2024 lease directing rent payments to Wells Fargo account #3312943297 in the 2024 Property Manager’s personal name, a non-trust-fund account, in apparent conflict with Cal. Bus. & Prof. Code § 10145 trust-fund handling requirements for broker-received client funds); Section 5 Stage 9 (April 26, 2024 text from R-3 proposing to redirect payments “to me instead of to the owner”).
  2. Intent to defraud the financial institution, or to obtain money or property under its custody or control by false or fraudulent means. Primary documents: The documented redirection of a continuously-established 26-month rent channel (Wells Fargo account …9166 in the Owner’s name, functional April 2022–April 2024) into a non-trust-fund account in the licensee’s personal name, coinciding with the Owner’s later admission (Section 6 Stage 5) that he did not know rent had been paid to that account — read as evidence bearing on whether the redirection was conducted with the knowledge and authorization of the named financial-institution account holder.
Roles whose documented conduct is relevant to this statute
R-3, R-4 — see Section 5 Stages 8, 9; Section 7 (DRE pre-complaint matter).
18 U.S.C. § 1708
Theft or Concealment of Mail
Elements
  1. Mail matter was deposited in or entrusted to the United States mails for delivery. Primary documents: Section 4 (USPS Signature Confirmation Tracking #9534914882764149935944 for the May 28, 2024 mailing of the cashier’s check to Berkshire Hathaway HomeServices).
  2. The mail matter was received by a person other than the intended ultimate beneficiary. Primary documents: Section 4 (USPS delivery record showing signature of “H H” on May 30, 2024); Section 6 Stage 7 (March 27, 2025 Minute Order acknowledging that the plaintiff-defendant produced the cashier’s check in court, indicating the Owner-side did not produce it).
  3. The mail matter was taken, concealed, or embezzled with intent to prevent its delivery to the intended beneficiary or with intent to obtain money, property, or advantage. Primary documents: The fact that the cashier’s check was negotiable, was signed for at delivery on May 30, 2024, was never presented by the Owner-side to the court, and was nevertheless followed by a Three-Day Notice (Section 3) demanding the gross amount as if no tender had occurred.
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-4, R-5 — see Section 4; Section 3; Section 6.
18 U.S.C. § 1951
Interference with Commerce by Threats or Violence (Hobbs Act)
Elements
  1. Obstruction, delay, or affect upon interstate commerce by robbery or extortion. Primary documents: Wells Fargo interstate banking channel transactions (Section 5); DocuSign interstate platform transactions; the post-eviction short-term-rental (Airbnb) conversion of the Premises — if established — implicates interstate commerce through the hospitality-platform distribution channel.
  2. Extortion, defined as the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Primary documents: Section 5 Stage 7.5 (representation that eviction would commence Monday if the new lease were not signed, and refusal to accept the plaintiff’s offer to vacate voluntarily within the statutory 60-day notice period); Section 6 Stage 7 and Section 6 April 5, 2025 entry (cashier’s check #0084411978 in the amount of $5,338.48 payable to the Clerk of the Court, expressly endorsed “PAYMENT UNDER PROTEST” — documenting compliance under duress as a matter of instrument-level annotation).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-5 — see Section 5 Stage 7.5; Section 6 Stages 5–7.
18 U.S.C. § 1962
Racketeer Influenced and Corrupt Organizations Act (RICO) — Civil & Criminal
Elements (civil RICO under § 1964(c))
  1. Existence of an enterprise affecting interstate or foreign commerce. Primary documents: The documented association-in-fact among R-1, R-2, R-3, R-4, and post-eviction R-7, reflected in: the 2022 leasing and property-management documents; interfamily real-estate relationships of R-2 to R-1; DRE licensee records linking R-3 and R-4; and the post-eviction short-term-rental conversion involving R-7. See Sections 5 and 7.
  2. Conduct of the enterprise through a pattern of racketeering activity, including at least two predicate acts within a ten-year period. Primary documents: Predicate acts cognizable under § 1961(1) arguably reflected in the record include mail fraud (§ 1341), wire fraud (§ 1343), and Hobbs Act extortion (§ 1951) as catalogued in entries above; the question whether these acts constitute a “pattern” under H.J. Inc. v. Northwestern Bell (492 U.S. 229) is a legal determination for counsel and the courts.
  3. Injury to plaintiff’s business or property by reason of the racketeering activity. Primary documents: Section 6 Stage 7 (money judgment and payment under protest); damages documentation maintained in the underlying case file (loss of tenancy, displacement costs, conversion of personal property, regulatory proceeding costs).
Note. Civil RICO is a sophisticated claim with strict pleading requirements under Rule 9(b)-type specificity and with substantive standards that have narrowed over time. The question whether the pattern element is satisfied, and whether the enterprise is properly pleaded, is a legal determination for counsel evaluating whether to bring any federal action.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4, R-7 — see Section 5 throughout; Section 7.
42 U.S.C. § 3604 (Fair Housing Act)
Discrimination in the Sale or Rental of Housing
Elements (disparate-treatment framework under McDonnell Douglas)
  1. Plaintiff or resident is a member of a protected class under § 3604 (including national origin and familial status for FHA purposes; state law adds source-of-income and age under certain conditions). Primary documents: Section 3 Item 7 (named senior non-English-speaking resident, with language limitation and senior status both disclosed in writing to the licensee in advance of lease execution).
  2. Plaintiff was qualified to rent the housing and was in fact a lessee. Primary documents: 2022 and 2024 executed leases (Section 5 Stages 2022-B and 8).
  3. Plaintiff was subjected to an adverse housing action. Primary documents: Section 3 (Three-Day Notice); Section 6 (unlawful detainer complaint filed July 3, 2024; August 5, 2024 vacate).
  4. The action occurred under circumstances raising an inference of discriminatory intent, including the failure to provide language or age-appropriate accommodation where the need was documented in writing in the licensee’s file prior to the adverse action. Primary documents: Section 3 Item 7 (documented written disclosures preceding lease execution; absence of any accommodation in the notice served 56 days later); Section 5 Stage 5 (language-limitation SMS).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-4, R-5 — see Section 3 Item 7; Section 5 Stage 5.
26 U.S.C. § 7206
Fraud and False Statements (Tax)
Elements
  1. A return, statement, or other document made under penalty of perjury, or a claim for refund, or other submission to the IRS. Primary documents: Not independently established by this case file. Cross-reference to rental-income treatment would require tax-return discovery beyond the scope of the current record.
  2. Material false statement with knowledge of falsity, or willful attempt to evade tax. Primary documents: Not independently established by this case file. Documents in this file bear on the routing of rent payments through a licensee’s personal account rather than the Owner’s; the question whether that routing bears on tax reporting by any party is for federal investigators with access to tax records.
Status. This entry is provided for completeness. The file does not independently establish tax-return contents. The redirection of rent through a licensee personal account and the post-eviction short-term-rental conversion are facts that would be relevant to a federal tax investigation if one were opened; the file does not assert that such an investigation has been opened.
Roles whose documented conduct would be relevant if tax records were obtained
R-1, R-3, R-4, R-7
Tier II · California state statutes
Penal Code (criminal) · Civil Code · Business & Professions Code · Welfare & Institutions Code · Code of Civil Procedure

A. California Penal Code

Cal. Pen. Code § 470
Forgery
Elements
  1. The defendant signed or altered a document of a type listed in § 470, including instruments of writing affecting real property and checks. Primary documents: Section 5 Stage 10 and the August 2024 Move Out Clearance Report (DocuSign Envelope F5D247C2) — the licensee-signatory’s management-role withdrawal on May 13, 2024, preceding execution of the move-out report, is documented at Section 5 Stage 9 and at the licensee’s own written statement.
  2. The defendant acted without authorization from the person whose name, signature, or interest was affected. Primary documents: Section 5 Stage 10 (documentation that the management role had terminated as of May 13, 2024, three months before the August 2024 move-out document); Section 6 Stage 5 (January 31, 2025 Owner admission reflecting on the Owner’s own knowledge of the post-withdrawal conduct).
  3. Intent to defraud. Primary documents: Pattern evidence across Section 5 Stages 9, 10 and Section 3 Item 1 read together.
Roles whose documented conduct is relevant to this statute
R-2, R-3 — see Section 5 Stages 9–10; Section 3 Item 1.
Cal. Pen. Code § 484 / § 487
Theft / Grand Theft by False Pretenses
Elements (theft by false pretense, with grand-theft threshold)
  1. The defendant knowingly and designedly made a false representation to the owner of property. Primary documents: Section 5 Stages 2022-A (April 22, 2022 text: “no dog addendum ... we left it out to make it easy for you”); Section 5 Stage 2022-B (April 23, 2022 email: next-morning “revised lease contract” restoring the addendum and adding a $1,000 pet deposit).
  2. The defendant intended to defraud. Primary documents: The 14-hour interval between the “left out” representation and the replacement document; Section 6 Stage 5 (January 31, 2025 Owner admission).
  3. The owner actually relied on the representation. Primary documents: Section 5 Stage 2022-B (execution of Document B at $11,375 move-in total, including the $1,000 pet deposit); Section 5 Stage 2022-C (April 26, 2022 $1,000 wire transfer to Wells Fargo account …9166).
  4. The owner parted with property in reliance on the representation, and the property’s value exceeded $950 (grand theft threshold). Primary documents: Section 5 Stages 2022-B, 2022-C; the $5,350 / month rental stream over the 2024 lease term; the $1,011.52 Home Depot dishwasher purchase at Section 4.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4 — see Section 5 throughout.
Cal. Pen. Code § 118 / § 118a
Perjury / Perjury by Declaration
Elements
  1. A statement made under oath or under penalty of perjury. Primary documents: DocuSign-executed instruments contain standard penalty-of-perjury attestations (Move Out Clearance Report, Envelope F5D247C2, August 5, 2024); declarations filed in the unlawful detainer action (Section 6).
  2. The statement was willfully false and the declarant knew it to be false at the time. Primary documents: Section 5 Stage 10 (discrepancies between Move Out Clearance Report recitals and the documented rent-payment record); Section 6 (trial-record findings vs. the bank record of 19 consecutive electronic payments).
  3. The false statement was material. Primary documents: The Move Out Clearance Report entries regarding rent-paid-through and vacate date; declarations submitted in support of the UD action.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3 — see Section 5 Stage 10; Section 6.
Cal. Pen. Code § 182
Conspiracy
Elements
  1. Two or more persons agreed to commit a public offense. Primary documents: Section 5 Stages 7.5, 8, 9 (the sequence through which R-3 communicated with the plaintiff and separately with R-1); Section 6 Stage 5 (January 31, 2025 Owner admission indicating disparate representations).
  2. At least one of the conspirators committed an overt act in furtherance of the agreement. Primary documents: Section 5 Stage 8 (execution of the April 26, 2024 lease directing payments to R-3’s personal account); Section 5 Stage 9 (the April 26, 2024 text proposing payment redirection “to me instead of to the owner”); Section 3 (June 21, 2024 Three-Day Notice reverting payment direction to the original Owner account).
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4
Cal. Pen. Code § 503 / § 506
Embezzlement (§ 503) / Embezzlement by Agent (§ 506)
Elements
  1. A fiduciary or agency relationship existed by which the defendant held property entrusted to him. Primary documents: Section 5 Stage 8 (April 26, 2024 lease identifying R-3 as broker and property manager of record); DRE licensee records for R-3 and R-4 (Section 7).
  2. The defendant fraudulently converted or appropriated the entrusted property to his own use. Primary documents: Section 5 Stage 8 (rent payments directed to Wells Fargo account #3312943297 in R-3’s personal name); Section 5 Stage 9 (April 26, 2024 text: “to me instead of to the owner”); Section 6 Stage 5 (Owner admission regarding unawareness of the account).
  3. The conversion was with intent to defraud the entrusting party. Primary documents: Pattern evidence across Section 5 Stages 8, 9, 10 and Section 6 Stage 5 read together.
Roles whose documented conduct is relevant to this statute
R-3, R-4
Cal. Pen. Code § 518 / § 519 / § 520
Extortion / Extortion by Threat / Extortion under Color of Official Right
Elements
  1. The defendant obtained property from another. Primary documents: Section 5 Stage 8 (execution of April 26, 2024 lease at $5,350/month); Section 6 (April 5, 2025 cashier’s check #0084411978 for $5,338.48 endorsed “PAYMENT UNDER PROTEST”); Section 6 Stage 7 (money judgment).
  2. The property was obtained with the other person’s consent. Primary documents: Section 5 Stage 8 (signature on lease); Section 6 (payment made to the Clerk of the Court).
  3. The consent was induced by the wrongful use of force or fear, including threat to accuse the victim of a crime or to do an unlawful injury to the person or property of the victim. Primary documents: Section 5 Stage 7.5 (representation that eviction would commence Monday if new lease not signed; refusal to accept the plaintiff’s offer to vacate voluntarily within the 60-day statutory notice period); Section 3 (June 21, 2024 Three-Day Notice with documented defects demanding $5,350 gross rent as if no May 28 tender or § 1942 deduction had occurred); “PAYMENT UNDER PROTEST” endorsement on the April 5, 2025 check is contemporaneous documentation on the face of a bank instrument of compliance under duress.
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-5
Cal. Pen. Code § 530.5
Identity Theft / Unauthorized Use of Personal Identifying Information
Elements
  1. The defendant willfully obtained or used personal identifying information of another person without authorization. Primary documents: The April 25, 2024 rental application containing personal identifying information for all named adult occupants (Section 3 Item 7; Section 5 Stage 5 context).
  2. The use was for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, real property, or medical information. Primary documents: This entry is preserved for completeness. The question whether identifying information provided in the rental application was used beyond the rental-application purpose for which it was supplied is a question for discovery and agency inquiry rather than one the file resolves on its face.
Status. This statute appears in working files as a possible count; the file does not currently contain documentary evidence of unauthorized downstream use of the application-supplied identifying information. Included here for completeness pending further inquiry.
Roles whose documented conduct would be relevant if downstream use were established
R-3, R-4
Cal. Pen. Code § 532
Obtaining Property by False Pretenses
Elements (overlapping with Pen. Code § 484)
  1. The defendant made a false pretense, representation, or promise with intent to defraud. Primary documents: Section 5 Stages 2022-A, 2022-B, 7.5, 8, 9.
  2. The victim relied on the false pretense and parted with property or paid money. Primary documents: Section 5 Stages 2022-C (initial wire); 6 (April 19, 2024 wire); 8 (2024 lease execution); Section 6 (April 5, 2025 payment under protest).
  3. The false pretense was in writing or is corroborated by independent evidence beyond the testimony of a single witness (§ 1110 corroboration requirement). Primary documents: April 22, 2022 text message; April 23, 2022 email; DocuSign envelope titles and envelope IDs; written messages and emails cross-referenced throughout Section 5.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4

B. California Civil Code

Cal. Civ. Code § 827
Notice of Rent Change
Elements (landlord duty; tenant affirmative defense in UD)
  1. A written notice of any increase in rent served at least 30 days in advance (90 days for increases exceeding 10% of the lowest rent charged in the preceding 12 months). Primary documents: Section 5 Stage 7.5 (absence of any § 827 notice preceding the April 26, 2024 rent increase from $5,000 to $5,350; the new rate was first presented in the body of the new lease instrument itself).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-4
Cal. Civ. Code §§ 1567, 1569–1570, 1572, 1575, 1577
What Makes Consent Not Free (Duress, Menace, Fraud, Undue Influence, Mistake)
Elements (apparent consent not real or free)
  1. Duress (§ 1569): unlawful confinement or unlawful detention, or confinement of property, used as inducement to contract. Primary documents: Section 5 Stage 7.5 (“eviction Monday” representation; refusal to accept voluntary departure within statutory period).
  2. Menace (§ 1570): threat of duress, injury to the contracting party or to the property of the contracting party, or threat of injury to the character of the contracting party. Primary documents: Section 5 Stage 7.5.
  3. Fraud (§ 1572): suggestion as a fact of that which is not true, by one who does not believe it to be true; positive assertion made without reasonable ground for believing it true; suppression of that which is true, by one having knowledge or belief of the fact; promise made without any intention of performing. Primary documents: Section 5 Stages 2, 3, 4, 2022-A, 2022-B; Section 6 Stage 5.
  4. Undue influence (§ 1575): use by one in whom confidence is reposed of the position to obtain unfair advantage over the other; taking grossly oppressive or unfair advantage of another’s necessities or distress. Primary documents: Section 5 Stage 7.5 (weekend deadline with no time for counsel; explicit “owner can’t afford” statement used to frame the choice).
  5. Mistake (§ 1577): mistake of fact, not caused by the neglect of a legal duty on the part of the contracting party. Primary documents: Section 5 Stage 7.5 (DocuSign envelope title “Revised renewal lease agreement” containing a new 13-month lease on a different C.A.R. form).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-4
Cal. Civ. Code § 1942 / § 1942.5
Repair and Deduct / Retaliatory Eviction
Elements (tenant repair-and-deduct; retaliation presumption)
  1. Premises were untenantable within the meaning of § 1941, the landlord had notice and reasonable time to repair, and the tenant made necessary repair and deducted the cost from rent up to one month’s rent. Primary documents: Section 4 (March 5, 2024 dishwasher failure report; April 2, 2024 email from Owner acknowledging property issues; May 15, 2024 Home Depot purchase $1,011.52; May 28, 2024 cashier’s check $4,338.48 tendering the net rent).
  2. A notice of termination or other action taken within 180 days of the tenant’s exercise of repair-and-deduct rights creates a presumption of retaliatory motive. Primary documents: Section 4 (May 15, 2024 purchase; May 28, 2024 tender); Section 3 (June 21, 2024 Three-Day Notice — 37 days after the purchase and 24 days after the tender).
  3. § 1942.5(d): enhanced remedies where the tenant is 65 or older. Primary documents: Section 3 Item 7 (documented senior status of a named resident).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-5
Cal. Civ. Code §§ 1946.1, 1946.2
Sixty-Day Notice · Just-Cause Eviction
Elements
  1. § 1946.1: tenant resided in the property for at least one year before termination of tenancy; landlord must give at least 60 days’ written notice. Primary documents: Section 5 Stages 1–8 (2022 through April 2024 tenancy, approximately 23.5 months continuous occupancy at the time of the April 26, 2024 lease presentation and execution).
  2. § 1946.2: tenant in continuous occupation 12 months or more; any notice to terminate must state a just cause. Primary documents: Section 3 (Three-Day Notice to Pay Rent or Quit states no independent just cause; Section 5 Stage 7.5 documents R-3’s express acknowledgment on the call that “the owner gets 60 days”).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-5
Cal. Civ. Code § 1950.5
Security Deposit Handling and Return
Elements
  1. A security deposit was received; landlord retained the deposit, applied amounts, or failed to return within 21 days after the tenant vacated. Primary documents: Section 5 Stage 2022-B (initial $2,000 deposit recorded on Document B move-in totals, plus $1,000 pet deposit); Section 5 Stage 8 (no corresponding deposit line credited forward on the 2024 lease); Section 6 (Move Out Clearance Report).
  2. Bad-faith retention exposes the landlord to statutory damages up to twice the amount of the deposit, in addition to actual damages. Primary documents: Absence of documented pre-move-in inspection statement (§ 1950.5(f)(1)); Section 5 Stage 10 (post-authority-termination Move Out Clearance Report signatory; Ly Construction invoice dated 9 days after vacate).
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4, R-7
Cal. Civ. Code § 3345
Treble Damages in Actions by Senior Plaintiffs
Elements
  1. Action brought by or on behalf of a senior citizen or disabled person to redress unfair or deceptive acts. Primary documents: Section 3 Item 7 (named senior resident with documented senior status disclosed in writing to the licensee in advance of lease execution).
  2. Defendant’s conduct satisfies one of the statutory triggers, including conduct causing the senior citizen to suffer loss of residence or personal property. Primary documents: Section 6 (loss of residence August 5, 2024); the post-eviction Airbnb conversion evidence as relevant to vulnerability-targeting analysis.
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-5, R-7
Cal. Civ. Code § 3439.04 (UVTA)
Uniform Voidable Transactions Act — Fraudulent Transfer
Elements
  1. Transfer made by a debtor with actual intent to hinder, delay, or defraud any creditor, or without reasonably equivalent value received in exchange at a time the debtor was insolvent or about to become insolvent. Primary documents: Documented October 2025 transfer of a Tran-network property to a Delaware-formed LLC without Huntington Beach business license or short-term-rental permit (“badges of fraudulent transfer” factors: insider, retained control, proximate to regulatory filings). Reference: case file supporting documents on post-eviction ownership structure.
Roles whose documented conduct is relevant to this statute
R-1

C. California Business & Professions Code

Cal. Bus. & Prof. Code § 10145
Broker Trust-Fund Handling
Elements
  1. A real estate broker who receives trust funds from a principal must deposit those funds into the broker’s designated trust fund account, maintained with a recognized California depository, or into a neutral escrow, or into the hands of the principal’s designee, within 3 business days. Primary documents: Section 5 Stage 8 (April 26, 2024 lease directing rent to Wells Fargo account #3312943297 in R-3’s personal name, not identified on the face of the lease as a designated broker trust fund account); Section 5 Stage 9 (the redirection text “to me instead of to the owner”).
Roles whose documented conduct is relevant to this statute
R-3, R-4
Cal. Bus. & Prof. Code § 10176
Grounds for Licensee Discipline (General)
Elements (the Commissioner may suspend or revoke upon proof of, among other grounds:)
  1. (a) Making any substantial misrepresentation. Primary documents: Section 5 Stages 2022-A, 2022-B; 7.5; 9.
  2. (b) Making any false promise of a character likely to influence, persuade, or induce. Primary documents: Section 5 Stage 7.5 (“sign or eviction Monday”).
  3. (c) A continued and flagrant course of misrepresentation. Primary documents: Pattern evidence across Section 5 Stages 2022-A through 10.
  4. (d) Acting for more than one party in a transaction without knowledge or consent of all parties thereto. Primary documents: Section 5 Stage 8 (dual agency disclosure sections of April 26, 2024 C.A.R. Form RLMM); Section 6 Stage 5 (Owner admission bearing on whether the Owner knew of rent routing to R-3’s personal account).
  5. (e) Commingling with his own money or property the money or other property of others. Primary documents: Section 5 Stage 8 (routing of principal’s rent to licensee’s personal Wells Fargo account).
  6. (i) Any other conduct constituting fraud or dishonest dealing. Primary documents: Pattern across Section 5; Section 6 Stage 5.
Roles whose documented conduct is relevant to this statute
R-2, R-3, R-4
Cal. Bus. & Prof. Code § 10177
Additional Grounds for Licensee Discipline
Elements
  1. (d) Willfully disregarded or violated any of the provisions of the Real Estate Law, any regulation promulgated by the Commissioner, or any of the provisions of the Subdivided Lands Act. Primary documents: § 10145 trust-fund noncompliance documented above; § 10176 violations as cross-referenced.
  2. (h) Demonstrated negligence or incompetence in performing any act for which the licensee is required to hold a license. Primary documents: Section 5 Stage 10 (execution of move-out document after management-role withdrawal); Section 3 Item 7 (failure to accommodate disclosed resident-capacity limitations).
  3. (g) Failure to supervise, by a designated broker, activities requiring a real estate license. Primary documents: Section 7 (DRE matter references to R-4 as designated broker of record).
Roles whose documented conduct is relevant to this statute
R-2, R-3, R-4
Cal. Bus. & Prof. Code § 17200
Unfair Competition Law (UCL)
Elements
  1. Unlawful, unfair, or fraudulent business act or practice. Primary documents: Any conduct violating another statute (predicate-act “unlawful” prong); conduct offensive to established public policy (“unfair” prong); conduct likely to deceive the public (“fraudulent” prong). Predicates identified throughout this crosswalk.
  2. Injury in fact and loss of money or property caused by the unfair competition (standing under § 17204). Primary documents: Section 6 Stage 7 (money judgment against plaintiffs); Section 4 (rent deduction for repair-and-deduct not credited); loss of tenancy documented in Section 6.
Roles whose documented conduct is relevant to this statute
R-1, R-2, R-3, R-4, R-5, R-7
Cal. Bus. & Prof. Code § 6068 / § 6106 / Rule 1.4 (Rules of Prof. Conduct)
Attorney Duties · Moral Turpitude · Communication
Elements (applicable to attorneys of record)
  1. § 6068(d): duty to employ only such means as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. Primary documents: Section 3 (Three-Day Notice defects); Section 4 (tender not presented by Owner-side to court); Section 6 (UD action proceedings).
  2. § 6106: the commission of any act involving moral turpitude, dishonesty, or corruption. Primary documents: Case-specific analysis required for application to each attorney of record; see Section 7 (State Bar matters).
  3. Rule of Professional Conduct 1.4(a)(3): duty of communication; 1.16 duty on withdrawal including reasonable notice. Primary documents: Section 6 Stage 4 (January 10, 2025 Rosiak withdrawal letter, three days before scheduled January 13, 2025 trial; under formal review by California State Bar Enforcement Division, Examiner Devin Urbany; no finding has been made).
Roles whose documented conduct is relevant to this statute
R-5, R-6

D. California Welfare & Institutions Code

Cal. Welf. & Inst. Code §§ 15610.27, 15610.30
Elder Abuse · Definitions and Financial Abuse
Elements
  1. § 15610.27: the alleged victim is an elder (any person residing in California, 65 years of age or older). Primary documents: Section 3 Item 7 (documented senior status of named resident disclosed on April 25, 2024 rental application).
  2. § 15610.30: financial abuse occurs when a person or entity takes, secretes, appropriates, obtains, or retains real or personal property of an elder for a wrongful use or with intent to defraud, or by undue influence. Primary documents: The absence of lease accommodation for a disclosed senior non-English-speaking resident; Section 4 (loss of dishwasher-replacement funds via the non-credit of the § 1942 deduction); Section 6 (loss of residence and April 5, 2025 payment under protest).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-4, R-5

E. California Code of Civil Procedure

Cal. Code Civ. Proc. §§ 1161, 415.46
Three-Day Notice Requirements · Service on Known Occupants
Elements
  1. § 1161: a three-day notice to pay rent or quit must state the amount due, the period for which it is due, the payee, and the place and hours at which payment may be made; demand must correspond to the amount of rent due under the lease. Primary documents: Section 3 Items 1 through 6 (signature absence; account discrepancy; in-person-payment requirement; gross rent demanded as if no tender or deduction had occurred; Yulia Gasio not named).
  2. § 415.46: service of unlawful detainer summons upon occupants known to the landlord by means reasonably calculated to give them notice. Primary documents: Section 3 Items 6 and 7 (Yulia Gasio; named senior non-English-speaking resident).
Roles whose documented conduct is relevant to this statute
R-1, R-3, R-5
Tier III · Local municipal provisions (City of Huntington Beach)
Short-term-rental and business-licensing provisions relevant to post-eviction use of the Premises
Huntington Beach Mun. Code §§ 5.110 et seq.
Short-Term Rental Permit Requirement
Elements
  1. Short-term rental (stays less than 30 days) of a residential dwelling within the City of Huntington Beach requires a valid STR permit and transient-occupancy-tax registration. Primary documents: Post-eviction marketing of the Premises as short-term rental (Airbnb) at a rate of $7,995/month equivalent (approximately 122% of the prior tenant rate); case file supporting documents on operator identity and permit status.
  2. Operation without a permit subjects the operator to administrative penalties up to $1,000 per day of violation. Primary documents: City code enforcement framework; documented operator-activity during periods of active tenancy (Section 5 Stage 10 and surrounding).
Roles whose documented conduct is relevant to this provision
R-1, R-7
Huntington Beach Mun. Code · Business License
Business License Requirement for Commercial Rental Activity
Elements
  1. Any person conducting business within the City of Huntington Beach must obtain and maintain a current City business license. Primary documents: Case file supporting documents regarding the LLC identified as post-eviction holder of the Premises, including its status as a Delaware-formed entity without a Huntington Beach business license of record.
Roles whose documented conduct is relevant to this provision
R-1, R-7
Scope of this page. This page is a reference matrix for counsel, investigators, and agency personnel. The statutes listed are those bearing on the conduct documented in Sections 2 through 7 of this case file. The elements are stated in the statute’s own terms. The “Primary documents” line for each element identifies where in the file the relevant evidence appears. Whether any element is satisfied as to any particular individual is a determination reserved to qualified counsel, prosecutors, regulators, and the courts. This page asserts no such determination. The organization of this page is intended to assist a reviewer in locating, in a single place, the mapping between the case-file evidence and the statutory frameworks that may be relevant to it.

Notice to reader · scope and disclaimers

This page is part of a public-interest case file assembled and published by Michael A. Gasio, plaintiff pro se in Gasio v. Tran et al., Orange County Superior Court Case No. 30-2024-01410991-CL-UD-CJC. The plaintiff is not an attorney. Nothing on this page constitutes legal advice, and nothing here is offered as legal, financial, or professional counsel. Readers who require legal advice should consult qualified counsel licensed in the relevant jurisdiction.

Every factual assertion on this page is drawn from primary documents — executed contracts, bank records, emails, text messages, court filings, public licensing records, and public-records directory entries — preserved in the case file and referenced by source and date. Where an attribution rests on a public-records directory lookup rather than on subpoena-level records, the basis of the attribution is disclosed on the face of the entry. Phone-carrier subscriber records, licensee records, bank trust-fund filings, and other authoritative sources would provide independent verification, and the plaintiff respectfully invites any person or agency with knowledge bearing on the accuracy of any statement on this page to contact the email address listed in the footer so that the record may be corrected.

No statement on this page should be read as a determination that any named person has committed a crime, violated a statute, or breached a professional duty. Those determinations are reserved to qualified counsel, regulatory agencies, and the courts. The role designations (R-1 through R-7) are descriptive abbreviations tied to the evidentiary record and not accusations of any kind; they identify which role-holder’s documented conduct would be at issue if a given statute were evaluated, not that any given statute has been violated. All statements are made subject to correction upon presentation of contrary documentary evidence.

This publication is made in the exercise of rights protected by the First Amendment to the United States Constitution, Article I, Section 2 of the California Constitution, the common-law fair-report privilege for statements describing the contents of public records and official proceedings, California Civil Code § 47(d), and the Noerr-Pennington doctrine as applied to communications with governmental and regulatory authorities. The plaintiff’s publication of primary-source evidence in support of pending and prospective civil, administrative, and regulatory proceedings is a protected petition activity.

© 2024–2026 Michael A. Gasio, plaintiff pro se. All rights reserved as to original text and compilation. Primary-source documents reproduced under fair-use and fair-report privileges for the purpose of litigation support and petition to governmental authorities. Unauthorized commercial reproduction, scraping, or redistribution is not permitted. Good-faith citation by press, counsel, academics, or regulatory personnel is welcomed and expected; attribution to the case file is requested. The plaintiff publishes this page pursuant to rights protected by the First Amendment to the United States Constitution, Article I § 2 of the California Constitution, Cal. Civ. Code § 47(d) (fair report of public proceedings), and the Noerr-Pennington doctrine as applied to petitions to governmental bodies. Nothing on this page is legal advice. Corrections, clarifications, and counter-evidence may be submitted to the contact address above and will be evaluated in good faith.