Court
OC Superior Court · Dept. C61
A primary-document catalog of the evidentiary record. Each entry anchors a count or doctrinal frame elsewhere in this for-counsel portal; each entry links back to the public case-file portal where the underlying primary document is preserved. Subpoena custodians identified where independent verification is available. Every characterization is allegation. No finding has been made.
The sixteen-wire ledger is the spine of the four-payment-channels documentary record. All wires from Wells Fargo Premier Checking ...0732 (plaintiff) to Wells Fargo account ending ...9166 in the name of Phat L. Tran (account number 1005959166). Wires cluster on or near the 20th of each month.
| Send date | Beneficiary | WF confirmation number | Amount |
|---|---|---|---|
| 01/23/2023 | PHAT L TRAN | OW00002882515680 | $5,000.00 |
| 02/27/2023 | PHAT L TRAN | OW00002979347101 | $5,000.00 |
| 03/20/2023 | PHAT L TRAN | OW00003051071533 | $5,000.00 |
| 05/22/2023 | PHAT L TRAN | OW00003243347867 | $5,000.00 |
| 06/20/2023 | PHAT L TRAN | OW00003342316341 | $5,000.00 |
| 07/20/2023 | PHAT L TRAN | OW00003437296642 | $5,000.00 |
| 08/18/2023 | PHAT L TRAN | OW00003536112847 | $5,000.00 |
| 09/20/2023 | PHAT L TRAN | OW00003645944872 | $5,000.00 |
| 10/20/2023 | PHAT L TRAN | OW00003749595672 | $5,000.00 |
| 11/20/2023 | PHAT L TRAN | OW00003856699927 | $5,000.00 |
| 12/19/2023 | PHAT L TRAN | OW00003959774782 | $5,000.00 |
| 01/22/2024 | PHAT L TRAN | OW00004067477330 | $5,000.00 |
| 02/20/2024 | PHAT L TRAN | OW00004175945596 | $5,000.00 |
| 03/20/2024 | PHAT L TRAN | OW00004277751179 | $5,000.00 |
| 04/19/2024 | PHAT L TRAN | OW00004382456864 | $5,000.00 |
| 06/28/2024 | PHAT L TRAN | OW00004652829145 | $5,350.00 |
Two highlighted entries: 4/19/2024 wire memo "New lease 24 one payment at 5000" — owner Phat Tran SMS acknowledgment 11:53 AM PT same day verbatim: "filling out new paper work understand one at old lease 5000 then new payment 5350 I want keep paying early." Two-minute gap between bank-channel wire send and owner's text response acknowledging the wire as the May payment at the old $5,000 rate. Second highlighted entry: 6/28/2024 off-contract wire $5,350 seven days after Three-Day Notice service; memo verbatim "Unknown Contract for July payment 27 of 37 on contracts" — plaintiff's contemporaneous protest at being directed off-contract during cure window.
Subpoena custodian: Wells Fargo Bank, N.A. — Routing #122000247. Source page: lease-and-accounts.html Section III.
| Channel | Source instrument | Designated account |
|---|---|---|
| 1 | 2022 lease (Doc B, 4/23/2022) — Anna Ly email instructions | WF account #1005959166 in owner's name (PHAT L. TRAN) |
| 2 | 4/26/2024 lease — Stage 8 | WF account #3312943297 in Hanson Le's personal name |
| 3 | Broker text 4/26/2024 — Stage 9 + Stage 7.6 | Hanson Le's personal account — verbatim "to me instead of to the owner" |
| 4 | 6/21/2024 Three-Day Notice — Section 03 | WF account #1005959166 in owner's name (PHAT L. TRAN) |
Channel-continuity observation. Channels 1 and 4 point to the same WF account #1005959166 in the owner's name. Channels 2 and 3 point to accounts in the broker's personal name. The 6/22/2024 cure-window admission (Phat SMS to plaintiff): "Sorry I did nt know you did pay your rent to the Hanson account." Owner did not know rent had been received into the broker's account at the moment of Notice service. §10145(a) trust-fund tension.
Source pages: lease-and-accounts.html Section IX (Four Payment Channels); anatomy-of-payment.html (16-wire doctrinal spine).
| Date | Document |
|---|---|
| 4/23/2022 | Anna Ly email to plaintiff (from lymyhoa@yahoo.com) — designates WF account #1005959166 for $1,000 first wire |
| 4/26/2022 | First $1,000 wire confirmation OW00002146396360 — beneficiary PHAT L TRAN, account ending ...9166 |
| 6/21/2024 | Three-Day Notice — directs payment to WF account #1005959166 (in owner's name) |
| 6/28/2024 | Off-contract wire OW00004652829145 — $5,350 to PHAT L TRAN, account ending ...9166 |
Four primary documents identifying the same WF account #1005959166 in the owner's name across a 26-month span. Same account, same beneficiary identity. The continuity anchor cuts directly against any account-substitution theory of the 6/21/2024 Three-Day Notice payee designation.
| Field | Value |
|---|---|
| Cashier's check number | #0084411044 |
| Amount | $4,338.48 ($5,350 contractual rent − $1,011.52 §1942 dishwasher repair) |
| Payable to | Berkshire Hathaway HomeServices — only entity named on executed lease as receiving rent on behalf of owner |
| USPS Tracking number | 9534914882764149935944 |
| Delivery | 5/30/2024 at 3:43 PM in Huntington Beach 92649. Status: "Delivered, Left with Individual." |
| Signed for by | "H H" |
| Check status | Sealed by recipient. Never credited. |
| Court acknowledgment | Under Submission Ruling March 27, 2025 — Document ID 74522578 — acknowledged tender on the record |
Subpoena custodians: United States Postal Service (delivery confirmation + signature image); Berkshire Hathaway HomeServices California Properties (receipt records, internal handling). Source page: cure-tender.html.
| Field | Value |
|---|---|
| DocuSign Envelope ID | F5D247C2-A1A9-4991-B91F-6A333347A87D |
| Same envelope ID appears on | (a) the blank template publicly hosted at stevendsilverstein.com/forms; (b) the executed Gasio document. |
| Executed | August 5, 2024 — by Phat L.K. Tran |
| Drafter / signer | Anna Ly Broker (DRE #01894348) |
| Attorney Fees deduction line | $2,005.00 — pre-formatted on template — not enumerated in Civ. §1950.5(b) closed list |
| Repair line | $7,835 — "Replace carpet due to dog pee bad smell" — David Ly Construction Invoice #2412 dated 8/14/2024, 18 days after HB inspector confirmed no pet damage 7/27/2024 |
| Other | $250 — "Front door lock" |
| Total Charges | $20,923 |
| Less deposit credits | $6,375 |
| Balance claimed against tenant | $14,548 |
Chain of custody proven by the form's own metadata. Identical Envelope ID across the blank template publicly distributed by Silverstein Eviction Law and the executed Gasio document. The instrument is the same. Only the field entries differ.
Subpoena custodian: DocuSign, Inc. — envelope audit trail. Source page: notice.html.
Source instrument: Move-Out Clearance Report, DocuSign Envelope F5D247C2, dated August 5, 2024. Four operative date fields on the form: Move-In 05/01/2022 · Notice Date Given blank · Vacated 08/05/2024 · Rent Paid Through 05/01/2024.
| Required demand if "Paid Through 5/1/2024" is honest | Amount |
|---|---|
| May 2024 (full month) | $5,000.00 |
| June 2024 (full month) | $5,000.00 |
| July 2024 (full month) | $5,000.00 |
| August 1-5, 2024 (5 days at $5,000 / 30) | $833.33 |
| Required total | $15,833.33 |
| What the form actually demands | Amount |
|---|---|
| Rent Owed line, as written | $10,833.00 |
| $10,833.00 ÷ $5,000 per month | 2.166 months |
| Equivalent: 2 full months + 5 days | $10,833.33 |
| Gap between required and demanded | − $5,000.00 |
The five-thousand-dollar gap is, to the cent, one full month of rent at the contractual rate stated on the same form. The form concedes — in the dollar column — that one of the three months claimed unpaid by the date column was in fact paid. The bank record establishes that one is May (4/19/2024 wire OW00004382456864).
Source page: missing-month.html.
| Date | Number | Amount | Payee / status |
|---|---|---|---|
| 4/5/2025 | #0084411978 | $5,338.48 | To Clerk of Court — voided NON-NEGOTIABLE |
| 4/22/2025 | #0084412016 | $5,338.48 | Joint payable to PHAT K. TRAN + STEVEN D. SILVERSTEIN — memo "DUPLICATE JUL 24 RENT / PAID UNDER PROTEST" — UPS #1Z6017R6803685099A1 from UPS Store #4415, 6941 Atlanta Ave HB 92646, at 12:27 PM PT — cashed |
Two cashier's checks document the payment-under-protest architecture. The voided NON-NEGOTIABLE check #0084411978 went to the Clerk in April 2025. Two weeks later, the second instrument #0084412016 was reissued joint-payable to the owner and trial counsel personally, memo notating "DUPLICATE" and "UNDER PROTEST," and was cashed. CCP §724.050 satisfaction-of-judgment doctrine applies on the duplicate-payment chain.
Source page: anatomy-of-payment.html.
| Exhibit | Content |
|---|---|
| HAB-001 | 5/1/2022 11:39 AM geotagged iOS photograph — under-sink kitchen cabinet — established mature black mold colonies. Untouched original in Google Photos. Geotagged Huntington Beach Garfield. Taken 39 minutes after arriving at the property — before any tenancy activity could have caused the documented condition. |
| HAB-002 | 5/6/2022 Anna Ly Broker text verbatim: "There may be a problem in the kitchen wiring — the dishwasher did not turn on and was full of water. I used an extension cord and the dishwasher is fine. The plugs above the sink on both sides don't work... I know it was just finished construction." Day-six awareness of construction defect. |
| HAB-003 | 5/6/2022 Michael Gasio email to Phat Tran — outlet under sink not working. |
| HAB-004 | 3/18/2023 Anna Ly email verbatim: "I sent Yulia a DocuSign about 2 weeks ago. After few weeks, DocuSign is not available online. I no longer work for Phat Tran, call him directly." Written termination of agency 17 months before signing MOR. |
| HAB-005 | Bedroom ceiling leak photograph — oval tide mark — vertical wall streaking — recurring moisture pattern. |
| HAB-006 | Wet wall and baseboard photograph — black mold colonies — saturated drywall — separated baseboard — mineral deposits. |
| HAB-007 | Move-out carpet photographs — Roomba in operation — uniform gray carpet — no staining — no damage. The carpet later claimed on Invoice #2412 for $7,835 replacement. |
| HAB-008 | Move-out kitchen photographs — mopped floors — clean throughout. |
| HAB-009 | Two five-gallon buckets Glidden Premium paint — garage — full interior repaint by tenants at move-out. |
| HAB-010 | City of Huntington Beach inspector report 7/27/2024 — no pet damage confirmed. Eighteen days before Ly Construction Invoice #2412 dated 8/14/2024. |
| HAB-011 | Ly Construction Invoice #2412 — 8/14/2024 — $7,835 — David Ly CSLB #1068334. |
| HAB-012 | Move-Out Clearance Report — DocuSign F5D247C2 — signed by Anna Ly 17 months after written termination of agency (HAB-004). |
| HAB-013 | Video clip mold1.mp4 — ~30 seconds — Home Depot removal of original dishwasher — mold visible inside under-sink cabinet area — phone-recorded — held in case-file repository. |
| HAB-014 | Video clip mold2.mp4 — ~30 seconds — wall behind removed dishwasher — visible black mold growth and water saturation — phone-recorded — held in case-file repository. |
Source page: habitability.html.
| Authorship field | Value |
|---|---|
| Sender | Anna Ly |
| Originator (envelope creator per DocuSign metadata) | Anna Ly |
| License | CA DRE Broker #01894348 (broker-level since 1/28/2011) |
| Property role | Listing agent for subject property in two prior tenancies |
| Broker of record at time of transmission | NOT broker of record |
| Authoring counsel | None of record. Document bears no attorney signature line, not transmitted through a law office. |
Three structural loops of similarity to Silverstein's published commercial three-day template (opening boilerplate; forfeiture clause; payee directive structural shell), plus five crafted departures concentrated in fields governing facial validity (payee field substituted bank for individual; service-and-expiration paragraph deleted; "OR QUIT" disposition language dropped; no signature affixed; landlord-contact replaced with bank-branch contact). Forms-library inventory: Silverstein publishes a commercial three-day notice template but no residential three-day notice template.
Subpoena custodian: DocuSign, Inc. (envelope creator + sender records). Source page: instrument-authorship.html.
| No. | Discrepancy on the face of the order | Amount |
|---|---|---|
| 1 | Components math. Past due 1 month at $5,350 + July 1-31 holdover at $5,530 = $10,880. Order recites subtotal as $10,700. | $180 |
| 2 | Principal math. Subtotal $10,700 − $6,375 deposit credit = arithmetic principal $4,325. Order recites principal as $3,325. | $1,000 |
| 3 | Embedded rate inflation. Rent computed at $5,350 rate from 4/26/2024 lease — but 4/19/2024 wire memo "New lease 24 one payment at 5000" established contractual modification at $5,000. Rate-corrected components subtotal = $10,166.67. Recited $10,880 exceeds rate-corrected by ~$713. | ~$713 |
| Total | Face-of-order discrepancies | $1,893 |
Procedural framework for facial arithmetic discrepancies: CCP §473(d) clerical correction · order modification on noticed motion · appellate review. Each is a determination reserved to qualified counsel and the courts.
Source page: court-record.html.
| Trial-record metric | Count / detail |
|---|---|
| Defendant (Gasio) exhibits admitted | 7 — Exhibits J, K, L, M, N, O, Q |
| Defendant exhibits marked but not admitted | 1 — Exhibit P |
| Defendant contracts offered, reviewed, returned unmarked | 2 — 2022 lease + 2024 lease specifying Hanson Le payment channel |
| Tran-authored documents in the record | 1 — MOR (used for deposit-credit math, not catalogued as plaintiff-offered) |
| Plaintiff exhibits catalogued in the order | ZERO |
The trial record on plaintiff's case in chief, as reflected in the order's own exhibit catalog, rests on representations of counsel rather than on plaintiff-offered exhibits. Strategic consequence: cross-examination as attack vector structurally eliminated; the documents were the case.
Source pages: court-record.html; silverstein-in-court.html.
| Custodian | Records sought |
|---|---|
| Wells Fargo Bank, N.A. | Sixteen-wire ledger Routing #122000247; WF accounts #1005959166 (owner) + #3312943297 (Hanson Le) + plaintiff's WF Premier Checking ...0732. Wire confirmation OW0000XXXXXXXXXX series. |
| United States Postal Service | Certified Mail #9534914882764149935944 (5/30/2024 cure tender, signed "H H"); DA Spitzer mailing #9589 0710 5270 3530 1127 14 (5/11/2026 PC §134 referral); other agency certified mailings. Delivery confirmations and signature images. |
| DocuSign, Inc. | Envelope audit trails: E1408B26 (Doc A); 5D80110C (Doc B); BF76EC2B (4/22 VOID); F5D247C2 (MOR); other Anna Ly sender envelopes tied to property. |
| Authentisign / BHHS-CP | Envelope #46CC8725 (2024 lease per platform record); broker-of-record assignments; internal handling records on 5/30/2024 cure-tender package. |
| Internet Archive (archive.org) | Wayback Machine captures of stevendsilverstein.com — May 2, 2026 timestamp 20260502013111 + May 3, 2026 capture. 87 elements downloaded across firm's domain tree on a single run. |
| OC Superior Court Clerk | Doc ID 74522578 (Under Submission Ruling 3/27/2025); Harman v. Tran ROA #2, #5, #34 certified copies; Substitution of Attorney filings; Exhibit P (marked but not admitted). |
| OC Recorder | Grant Deed #2004001106731 (Phat→Anna Ly 12/13/2004); Le purchase Doc Nos. 2017000552241+242 (Mega Capital/MERS); Smart Invest HB LLC transfer October 2025 (CA File #B20250360378). |
| HOA (subject property) | HOA dues account history Phat L.K. Tran 2022-2025 (one-year arrears period); HOA correspondence re yard maintenance compliance; HOA records of gardener service and discontinuation date; identity of HOA representative who handed plaintiff push mower; HOA CC&Rs on short-term rental. |
| HBPD | Internal Affairs file AI 26-0003 (Sgt. Trent Tunstall #1178); Chief Eric Parra 2/18/2026 "Unfounded" determination + 4/2/2026 supplemental; HBPD PC §134 Referral 5/18/2026. |
| CA DRE | Anna Ly Matter #1-24-0513-010; Hanson Le Pre-Complaint #1-26-0304-002 (Macias intake, SSI Jerusha White); Sandoval and Rosas case files; H-41672 Rosas LA Public Reproval. |
| CA State Bar | Office of Chief Trial Counsel formal-review file on Steven D. Silverstein #86466; Enforcement Division file on Richard J. Rosiak #141430 (Examiner Devin Urbany). |
| FBI LA / IC3 / USPIS / HUD OIG / DOJ Civil Rights / CFPB / FTC | April 25, 2026 eleven-agency packet certified mailings; FTC ref #194449713; FBI LA SA H. Nguyen hnguyen2@fbi.gov. |
Doctrinal frame for the evidence: discipline.html. Authorities pending review: authorities.html. Damages scaffolding: damages.html.
This portal is 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 portal constitutes legal advice.
Every factual assertion 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. Every characterization is an allegation.
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This portal at gasiomirror.com/for-counsel/ is a curated subset of the public case file at gasiomirror.com, prepared and published pro se by the named plaintiff, Michael A. Gasio, for the convenience of reviewing counsel, regulatory examiners, and accredited investigators. The portal indexes the same primary documents preserved in the public case file, organized in the procedural intake format a reviewing partner would expect on a case-handoff folder.
Every entry is reachable from the source document, the agency file number, the bank confirmation, the postal tracking record, or the public court docket on which it rests. Every statute citation is reachable from Cornell Legal Information Institute, Justia, or leginfo.ca.gov. Every case citation is reachable from Justia or the California state-court reporter. No claim on this portal appears without one of those three citation hooks.
The portal carries the standing reservation that no determination of liability has been made by any court or regulatory body on the questions presented. The named persons are entitled to respond to the documentary record on the merits, or to remain silent on the merits and accept the documentary inference that follows from silence. Either election is on the record.
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Standing posture on the documentary record
The plaintiff has, throughout the twenty-one months between the August 5, 2024 vacate and the present update of this portal, maintained a documentary posture. The plaintiff has organized, preserved, indexed, and submitted the record. The plaintiff has not threatened. The plaintiff has not extorted. The plaintiff has not retaliated. The plaintiff has prepared a record of what occurred and submitted it to authorities authorized to evaluate it. That posture continues.