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California Civil Counts · 22 Entries
Gasio v. Tran et al. · 30-2024-01410991-CL-UD-CJC
For-Counsel · Section V
Court
OC Superior Court · Dept. C61
Bench Officer
Comm. Carmen D. Snuggs-Spraggins
Posture
Documentary · Allegation Framing
Caption
Gasio v. Tran et al.
Limited Civil · Unlawful Detainer
Plaintiffs
Michael A. Gasio · age 72
Yulia S. Gasio · age 42
Senior LEP Occupant
Tetyana Zvyagintseva · age 65+
Named ¶1.B of 2022 & 2024 leases
Property
19235 Brynn Court
Huntington Beach, CA 92648
Landing Executive Brief Jeopardy Matrix Criminal State Civil Federal Civil Damages Evidence Related Cases Authorities Doctrinal Frame Discipline
State Civil Counts · California Civil Code · Business & Professions Code · Rules of Professional Conduct · WIC

State Civil Counts

Twenty-two California civil counts indexed for counsel review. Each entry carries statute citation with public link, elements, documentary mapping to primary documents, controlling authority, maximum exposure, and named actors of record. Every claim is allegation. No determination of liability has been made by any court or regulatory body.

22 Counts Senior Multiplier Stack No Finding Has Been Made

Discipline locks · held throughout this catalog
I

Master Index

All counts at a glance
CountStatuteSubjectLead actor(s)
01Civ. Code §1950.5(l)Bad-faith deposit retention — 2× security + actualOwner; Anna Ly; Silverstein
02Civ. Code §1942.5Retaliatory eviction + senior enhancementOwner; Silverstein
03Civ. Code §1567Apparent consent not real or freeOwner; Hanson Le
04Civ. Code §1572Actual fraud — pre-execution representationsOwner; Anna Ly; Le
05Civ. Code §§1710 / 1710(4)Deceit by nondisclosure — habitabilityOwner; Anna Ly
06Civ. Code §1941.1Breach of warranty of habitabilityOwner; Anna Ly
07Civ. Code §1942Interference with repair-and-deduct remedyOwner; Hanson Le
08B&P §10145Broker trust-fund violationHanson Le; Rosas (DO)
09B&P §10176Misrepresentation by licensed agentAnna Ly
10B&P §10177License discipline — pattern conductAnna Ly; Le; Sandoval
11B&P §10159.2DO supervisory liabilityRosas; Tonti
12B&P §7090 (CSLB)Contractor failure to discloseDavid Ly; LY Construction
13B&P §17200UCL — three-prong predicate stackAll defendants
14B&P §6068(d)Attorney duty not to mislead by artificeSilverstein
15B&P §6128(a)Attorney deceit — misdemeanor + civil trebleSilverstein
16RPC 3.3Candor toward tribunalSilverstein
17RPC 8.4(c)Dishonesty, fraud, deceit, misrepresentationSilverstein
18RPC 7.1False/misleading communications re lawyerRosiak
19WIC §15657.5Financial elder abuse — treble + feesAll defendants
20Civ. Code §3345Senior consumer multiplier — up to 3×All defendants
21Civ. Code §3294Punitive damages on fraud/malice/oppressionAll defendants
22Civ. Code §1717Prevailing-party fees on lease clauseRecovery against landlord
II

Lead Counts · Tenancy Statutes

Counts 01–07
Count 01 Cal. Civ. Code § 1950.5(l)

Bad-faith retention of security deposit — statutory damages up to 2× security plus actual damages

Elements
(1) Tenant tenders or has on deposit funds within scope of §1950.5; (2) landlord retains or claims funds outside §1950.5(b) closed list; (3) retention or claim in bad faith.
Documentary anchor
Move-Out Clearance Report executed August 5, 2024, DocuSign Envelope F5D247C2-A1A9-4991-B91F-6A333347A87D, contains pre-formatted Attorney Fees deduction line of $2,005 — not enumerated in §1950.5(b)'s closed list. Total deposit credits $6,375 ($5,000 security + $1,375 other). Same DocuSign Envelope ID appears on the publicly distributed blank template at stevendsilverstein.com — chain-of-custody proven by the form's own metadata. Forensic analysis: notice.html.
Controlling authority
Granberry v. Islay Investments (1995) 9 Cal.4th 738 (consumer-protective construction of §1950.5). Closed-list rule: §1950.5(b) enumerates four authorized purposes — rent default, repair beyond ordinary wear, cleaning, restoration of personal property. Attorney fees recoverable only by motion under CCP §1033.5 and Civ. Code §1717, not by self-deduction.
Maximum exposure
Statutory damages up to $12,750 (2× $6,375 deposit) plus actual damages. Subject to court determination of bad-faith retention.
Actors of record
Phat L.K. Tran D.M.D. (verifier); Anna Ly Broker (drafter); Steven D. Silverstein (template distributor).
Count 02 Cal. Civ. Code § 1942.5

Retaliatory eviction — with senior enhancement under § 1942.5(f)(2)

Elements
(1) Tenant exercised statutorily protected rights (habitability complaint, §1942 repair-and-deduct); (2) within 180 days landlord initiated eviction or other adverse action; (3) presumption of retaliation arises; (4) senior enhancement (tenant 65+) applies.
Documentary anchor
Habitability defects documented from move-in 5/1/2022 (Exhibit HAB-001 11:39 AM geotagged iOS mold photograph) through tenancy. §1942 dishwasher remedy lawfully exercised: $1,011.52 repair → $4,338.48 cashier's check tendered USPS Cert 9534914882764149935944 delivered 5/30/2024, signed "H H" — sealed and never credited. Three-Day Notice served 6/21/2024 — within 180 days. Plaintiff Michael Gasio age 72; senior LEP named occupant Tetyana Zvyagintseva age 65+. Cure-tender chain: cure-tender.html. Habitability: habitability.html.
Controlling authority
§1942.5(d): rebuttable presumption of retaliation if eviction within 180 days of protected tenant action. §1942.5(f)(2): enhanced remedies for tenants 65+ — punitive damages up to $2,000 per retaliatory act.
Maximum exposure
Punitive damages up to $2,000 per retaliatory act, enhanced for senior tenant; actual damages; attorney's fees under §1942.5(i).
Actors of record
Phat L.K. Tran D.M.D. (lessor); Steven D. Silverstein (counsel of record initiating eviction).
Count 03 Cal. Civ. Code § 1567

Apparent consent not real or free — voidability of April 26, 2024 lease

Elements
Apparent consent is not real or free when obtained through (a) duress (§1569), (b) menace (§1570), (c) fraud (§1572), (d) undue influence (§1575), or (e) mistake (§1577). Any one element vitiates consent.
Documentary anchor
Pre-execution Stage 7.5(d) (April 25-26, 2024): broker Hanson Le communicated "in substance, that the owner would commence eviction proceedings on the following Monday if the plaintiff did not sign the new lease." Lease executed April 26, 2024 under that representation. Trial testimony January 27, 2025: "the owner, Phat Ky Tran, acknowledged on the record that the plaintiffs had not wished to sign the April 26, 2024 lease." Pre-execution chronology: lease-and-accounts.html Section IV Stages 1-7.6.
Controlling authority
§1569: duress includes confinement or detention of property. §1570: menace includes threat of injury to property or business. Apparent consent on face of executed instrument is voidable if obtained by any vitiating ground.
Maximum exposure
Rescission of April 26, 2024 lease; restitution of payments made under voidable instrument; foundation count for fraud-in-the-inducement architecture.
Actors of record
Phat L.K. Tran D.M.D. (owner); Hanson Le Broker (representing owner).
Count 04 Cal. Civ. Code § 1572

Actual fraud — affirmative misrepresentation and concealment

Elements
(1) Suggestion of fact known not to be true; (2) positive assertion not warranted by information; (3) suppression of material fact; (4) promise made without intent to perform; (5) any other act fitted to deceive.
Documentary anchor
Owner Phat Tran 4/2/2024 11:10 AM email verbatim: "please do not think we're looking new lessee." Three weeks later: Three-Day Notice served alleging non-payment. April 4, 2024 representation by Phat: only operational change was hiring a property manager — "The name of the manager is Hanson Le." Hanson Le 4/26/2024 broker text verbatim: "Also what bank do you use? So I can provide you my bank account number to transfer monthly rent to me instead of to the owner." Rent solicited into licensee's personal account in violation of B&P §10145 (broker trust funds). Documentary chain: lease-and-accounts.html; documents.html.
Controlling authority
Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654 (implied covenant of good faith). Civ. §1709 — actionable deceit. Civ. §1710(4) — promise without intent to perform.
Maximum exposure
Actual damages; punitive damages under Civ. §3294 on fraud/malice/oppression; rescission alternative remedy.
Actors of record
Phat L.K. Tran D.M.D.; Anna Ly Broker; Hanson Le Broker.
Count 05 Cal. Civ. Code §§ 1710, 1710(4)

Deceit by fraudulent nondisclosure — pre-existing habitability defects

Elements
Statutory deceit, four species. §1710(4) specifically: a promise made without intent to perform. Fraudulent nondisclosure where defendant has duty to disclose material fact and intentionally withholds.
Documentary anchor
Listing 4/2022: "NEW carpet, NEW paint, Ready to move in." Documented at listing: ten-year wall leak from unpermitted ~2012 drain relocation; mature black mold colonies under-sink kitchen cabinet (HAB-001 5/1/2022 11:39 AM geotagged); jumped circuits in wall cavity; active roof leak bedroom ceiling; rotten subfloor master bathroom; rotten cabinet framing; mold painted over pre-listing (8 gallons Glidden Premium paint left in garage = concealment evidence). Anna Ly 5/6/2022 text verbatim: "I know it was just finished construction" — personal knowledge of construction defects. Phat L.K. Tran owned property 20 years (June 2005 acquisition). Habitability page: habitability.html.
Controlling authority
Civ. §1102 — material disclosure duty. §1941.1 — landlord duty to maintain habitable conditions. H&S §17920.3 — substandard housing.
Maximum exposure
Actual damages (cost to repair / rent abatement); punitive damages on fraud/malice; rescission of lease for material non-disclosure.
Actors of record
Phat L.K. Tran D.M.D. (owner of 20 years); Anna Ly Broker (listing agent with personal knowledge).
Count 06 Cal. Civ. Code § 1941.1

Breach of warranty of habitability — specific enumerated defects

Elements
Premises deemed untenantable if substantially lacking specific affirmative conditions (effective waterproofing, plumbing in good working order, electrical lighting and wiring in good working order, sanitary, structurally safe).
Documentary anchor
Seven-defect inventory: mold colonies (mature, decade-old); defective electrical outlet (rotted/rusted from chronic moisture); jumped circuits / doubled conductors (unpermitted electrical); active roof leak (wet structural studs); rotten subfloor master bathroom; rotten cabinet framing; mold painted over for listing. Four David Ly Construction visits 2022-2024 — characteristics of unpermitted electrical work documented. Exhibits HAB-001 through HAB-014 preserved in Google Drive.
Controlling authority
Civ. §§1941, 1941.1, 1941.3 — affirmative habitability duties. H&S §17920.3 — substandard housing conditions. Common-law warranty of habitability — Green v. Superior Court (1974) 10 Cal.3d 616.
Maximum exposure
Rent abatement; actual damages; attorney's fees if §1942.4 violations.
Actors of record
Phat L.K. Tran D.M.D. (owner since 2005); Anna Ly Broker (listing agent).
Count 07 Cal. Civ. Code § 1942

Interference with statutory repair-and-deduct remedy

Elements
Tenant lawfully exercises §1942 repair-and-deduct, tendering net rent after documented repair cost; landlord refuses to credit lawful tender.
Documentary anchor
Dishwasher reported failed 3/5/2024. Le 4/26/2024 broker promise to obtain owner approval (Cal. Evid. §1221 adoptive admission). Tenants replaced at $1,011.52. Cashier's check #0084411044 for net $4,338.48 ($5,350 contractual rent − $1,011.52 §1942 deduction). Payable to Berkshire Hathaway HomeServices (only entity named on lease as receiving rent). USPS Cert 9534914882764149935944 delivered 5/30/2024 3:43 PM HB 92649, signed "H H." Check sealed by recipient, never credited. Court Under Submission Ruling 3/27/2025 Doc ID 74522578 acknowledged tender on record.
Controlling authority
§1942 — repair-and-deduct closed math; tenant may deduct cost up to one month's rent. Statutory remedy operates by self-execution; landlord refusal to credit lawful tender breaches.
Maximum exposure
Credit of $4,338.48 against rent ledger; punitive enhancement under §1942.5 retaliation if eviction follows.
Actors of record
Phat L.K. Tran D.M.D.; Hanson Le Broker; recipient signing "H H" — subpoena target.
III

Broker & Contractor Counts

Counts 08–13
Count 08 Cal. Bus. & Prof. Code § 10145

Broker trust-fund violation — routing rent to personal account

Elements
(1) Real-estate licensee receives funds on behalf of another (owner) in connection with a transaction; (2) licensee fails to deposit into a broker trust account established for that purpose; (3) instead deposits into personal account or otherwise commingles.
Documentary anchor
Hanson Le broker text 4/26/2024 verbatim: "Also what bank do you use? So I can provide you my bank account number to transfer monthly rent to me instead of to the owner." Same solicitation appeared in pre-execution renewal-proposal sequence (lease-and-accounts Stage 7.6) and same-day Stage 9. April 26, 2024 lease specifies WF account #3312943297 in Hanson Le's personal name — not a broker trust account. Personal-trust-fund duty attaches to Le's Broker license (DRE #01358448, broker-level since 3/23/2006).
Controlling authority
B&P §10145(a) requires licensee to place funds in a broker trust account established for that purpose. Violation is grounds for license suspension or revocation under §10177(d). DRE Pre-Complaint #1-26-0304-002 (Macias intake, SSI Jerusha White) opened.
Maximum exposure
License suspension or revocation; restitution; B&P §10471 et seq. Real Estate Recovery Account exposure.
Actors of record
Hanson Le Broker (DRE #01358448 — broker-level personal duty); Dennis A. Rosas DO supervisory (DRE #00602101).
Count 09 Cal. Bus. & Prof. Code § 10176

Misrepresentation by licensed agent — listing as "ready to move in"

Elements
(a) Substantial misrepresentation; (b) false promise; (e) commingling of trust funds; (i) any other conduct that constitutes fraud or dishonest dealing.
Documentary anchor
April 2022 listing characterized property as "NEW carpet, NEW paint, Ready to move in" while ten-year wall leak, decade-mature mold colonies, jumped electrical circuits, rotten subfloor, and roof leak existed at listing. Anna Ly Broker 5/6/2022 day-six text acknowledged construction-defect awareness: "I know it was just finished construction." Personal knowledge documented before listing date.
Controlling authority
Manning v. Leavitt (1934) 219 Cal. 533 — fiduciary duty of broker to disclose material facts.
Maximum exposure
License discipline under §10177; civil liability for fraud; restitution of rent paid during period of concealed defects.
Actors of record
Anna Ly Broker (DRE #01894348 — listing agent with documented personal knowledge).
Count 10 Cal. Bus. & Prof. Code § 10177

Grounds for license suspension or revocation — pattern conduct

Elements
(d) Willful disregard or violation of Real Estate Law; (g) demonstrated negligence or incompetence; (j) fraud or dishonest dealing.
Documentary anchor
Two named brokers, sustained pattern. Anna Ly DRE Matter #1-24-0513-010 opened. Hanson Le DRE Pre-Complaint #1-26-0304-002 (Macias intake, SSI Jerusha White) — Le invoked Fifth Amendment HBPD interview January 2026 (Cal. Evid. §913 adverse inference in civil action). Angie M. Sandoval DRE Salesperson #01130478 — Maldonado reverse-lookup line + 6/25/2024 5:55-6:02 PM PDT texts 8 days pre-UD-filing + 2/13/2025 inbound call "I am not investigating Hanson, I know him."
Controlling authority
DRE administrative discipline framework; §10177 grounds preserve to multiple licensees as documentary chain crosses both Sun Realty (Anna Ly's expired DBA) and Berkshire Hathaway HomeServices California Properties (Le, Sandoval).
Maximum exposure
License suspension, revocation, or restriction; Real Estate Recovery Account exposure under §10471.
Actors of record
Anna Ly Broker; Hanson Le Broker; Angie M. Sandoval Salesperson.
Count 11 Cal. Bus. & Prof. Code § 10159.2

Designated Officer supervisory liability

Elements
Designated Officer of corporate licensee bears statutory supervisory responsibility for licensees operating under the corporate license, including for failure to supervise that proximately allows §10145 trust-fund violations or §10176 misrepresentation.
Documentary anchor
Dennis A. Rosas DRE #00602101 is the Designated Officer (DO) of the corporate licensee operating Berkshire Hathaway HomeServices California Properties as DBA, through which Hanson Le was operating during the 2024 lease and the bank-account solicitation conduct documented in Counts 08, 09. Rosas's separate disciplinary record: H-41672 LA Public Reproval (§10166.02 unlicensed MLO + §10176(a) substantial misrep + §10177(g) negligence) — DRE Counsel Julie L. To SBN 219482, Castlehead Inc. Escrows. Rosas dossier: actor-rosas.html.
Controlling authority
B&P §10159.2 — DO statutory supervisory responsibility. Iris Fay Tonti DRE #00844023 — Division Manager above Sandoval on BHHS-CP organization chart, also within supervisory chain.
Maximum exposure
Parallel license discipline against DO of record; civil liability under respondeat superior for supervised licensee conduct.
Actors of record
Dennis A. Rosas (DRE #00602101); Iris Fay Tonti (DRE #00844023).
Count 12 Cal. Bus. & Prof. Code § 7090 (CSLB)

Contractor discipline — failure to disclose dangerous condition

Elements
Licensed contractor observed dangerous condition on premises during work; failed to provide written disclosure to property owner; subsequently submitted invoice unrelated to observed dangerous condition.
Documentary anchor
David Ly, CSLB #1068334 (Class B Sole Ownership), LY Construction. Four contractor visits during tenancy 2022-2024: Visit 1 — rotted/rusted electrical connection at dishwasher plug; Visit 2 — second repair same fault; Visit 3 — on opening wall, circuits jumped from one room to next, two conductors in plug designed for one — "characteristics of unpermitted electrical work"; Visit 4 — directed tenant (age 72) to turn off breaker and replace switches himself rather than arrange licensed remediation. No written disclosure of discovered defects. Same David Ly subsequently submitted Invoice #2412 dated 8/14/2024 for $7,835 carpet replacement — no reference to electrical/moisture/structural conditions he personally observed. City of HB inspector confirmed no pet damage 7/27/2024, 18 days before Invoice #2412. Lyconstruction dossier: actor-lyconstruction.html.
Controlling authority
B&P §7090 grounds for CSLB discipline include failure to disclose conditions endangering occupants or violating building code. Time-and-labor impossibility on Invoice #2412 line items is separate documentary anchor under §7090(a).
Maximum exposure
CSLB license suspension/revocation; civil liability for fraud and concealment.
Actors of record
David Ly individually; LY Construction (entity).
Count 13 Cal. Bus. & Prof. Code § 17200

Unfair Competition Law — unlawful, unfair, fraudulent business practices

Elements
(1) Unlawful business practice (any predicate statutory violation); (2) unfair business practice (offensive to public policy, immoral, unethical); or (3) fraudulent business practice (likely to deceive). Any one prong suffices.
Documentary anchor
All predicate violations on this page (Civ §§1950.5, 1942.5, 1572, 1710, 1941.1; B&P §§10145, 10176, 10177, 7090; RPC 3.3, 8.4(c)) serve as §17200 unlawful-prong predicates. Pattern conduct: same property previously subject to UD action under same counsel (Harman v. Tran, OCSC Dept. C61). Parallel matter Huynh v. Tran/Ly OCSC 30-2025-01502635-CU-FR-CJC (Anna Ly defendant + cross-complainant, ArentFox Schiff for plaintiff, Mike N. Vo APLC for Anna Ly).
Controlling authority
Cel-Tech Communications v. L.A. Cellular (1999) 20 Cal.4th 163 — UCL three-prong framework. §17203 — restitution and injunctive relief.
Maximum exposure
Restitution; injunctive relief; B&P §17206 civil penalties.
Actors of record
All defendants — each prong reaches multiple actors on documentary record.
IV

Attorney Conduct Counts

Counts 14–18
Count 14 Cal. Bus. & Prof. Code § 6068(d)

Attorney duty not to mislead by artifice

Elements
California attorney duty: "To employ, for the purpose of maintaining the causes confided to him or her those means only 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." The operative concept is artifice — a constructed mechanism producing a misleading representation.
Documentary anchor
Three-Day Notice DocuSign envelope: Sender = Anna Ly; Originator = Anna Ly. Bears no attorney signature line, not transmitted through a law office. Structural-fingerprint analysis (instrument-authorship): three loops of similarity to Silverstein's published commercial three-day template, plus five crafted departures concentrated in fields governing facial validity — payee field substituted (bank not 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 commercial three-day notice template but no residential three-day notice template. Instrument-authorship page: instrument-authorship.html.
Controlling authority
Williams v. Superior Court (1996) 46 Cal.App.4th 320: "Honesty in dealing with the courts is of paramount importance, and misleading a judge is, regardless of motives, a serious offense." Giovanazzi v. State Bar (1980) 28 Cal.3d 465 — discipline for false pleading. State Bar Office of Chief Trial Counsel formal review opened on counsel of record in this matter.
Maximum exposure
State Bar discipline (suspension or disbarment); B&P §6103 violation; pattern conduct may implicate §6106 moral turpitude.
Actors of record
Steven D. Silverstein (CA Bar #86466).
Count 15 Cal. Bus. & Prof. Code § 6128(a)

Attorney deceit toward tribunal — misdemeanor + civil treble damages

Elements
Attorney guilty of deceit or collusion, or consents to deceit or collusion, with intent to deceive court or party — misdemeanor + treble damages to party injured.
Documentary anchor
Trial Department C61: plaintiff exhibits catalogued in March 27, 2025 Under Submission Ruling = zero. Defendant exhibits admitted: 7 (J, K, L, M, N, O, Q). Tran-authored documents in record: 1 (MOR). Three discrepancies on face of minute order: (a) components math $180; (b) principal math $1,000; (c) embedded rate inflation ~$713 from using $5,350 lease rate instead of documented $5,000 contractual modification per 4/19/2024 wire memo "New lease 24 one payment at 5000". Court-record page: court-record.html.
Controlling authority
§6128(a): "Every attorney is guilty of a misdemeanor who... Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party." Carries civil treble damages under §6128(b).
Maximum exposure
Misdemeanor exposure; civil treble damages on actual harm to party deceived.
Actors of record
Steven D. Silverstein (CA Bar #86466).
Count 16 Cal. R. Prof. Conduct rule 3.3

Candor toward the tribunal

Elements
Lawyer shall not: (a)(1) knowingly make false statement of fact or law to tribunal or fail to correct prior false statement; (a)(3) offer evidence lawyer knows to be false. Knowledge standard reaches what lawyer actually knows — including via willful blindness under Global-Tech.
Documentary anchor
MOR template (Silverstein-distributed) bears Attorney Fees deduction line outside §1950.5(b) closed list — Silverstein's own published distribution. Three-Day Notice traveled into court file as predicate for UD complaint. Cure-window guidance Silverstein himself published in firm's Evictions Procedures for Unlawful Detainers — "do not contact tenant during cure window" and "do not accept payment outside form and manner of notice" — both violated by documented conduct. Notice forensic: notice.html.
Controlling authority
RPC 3.3 effective Nov 1, 2018. Global-Tech Appliances v. SEB S.A. (2011) 563 U.S. 754 — willful blindness as actual knowledge.
Maximum exposure
State Bar discipline. Companion to §6068(d) discipline track.
Actors of record
Steven D. Silverstein (CA Bar #86466).
Count 17 Cal. R. Prof. Conduct rule 8.4(c)

Misconduct — dishonesty, fraud, deceit, or misrepresentation

Elements
Professional misconduct includes conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation. Applies to attorney conduct broadly, not limited to court appearances.
Documentary anchor
Silverstein-distributed MOR with pre-formatted Attorney Fees deduction line not enumerated in §1950.5(b). Distribution to landlords across four counties (Orange, LA excluding City of LA, San Bernardino, Riverside) — firm's own marketing language credits "thousands of successful evictions" in counties. Apartment Journal article authored by Silverstein — verbatim: "A tenant has his feet put to the fire because he has to type out the proper law and declarations, in proper form, to successfully defend against this motion." + "The uneven playing field that is sometimes tilted in the tenants favor is now tilted back in favor of the landlord." Two self-published Pro Tem venues — marketing copy at stevendsilverstein.com + Apartment Journal author byline.
Controlling authority
RPC 8.4(c) — broad misconduct rule. Pattern-conduct framework where distributed instrument architecture sustains the misconduct across cases.
Maximum exposure
State Bar discipline based on pattern of architecture distribution.
Actors of record
Steven D. Silverstein (CA Bar #86466).
Count 18 Cal. R. Prof. Conduct rule 7.1

False or misleading communications about a lawyer's services

Elements
Lawyer shall not make false or misleading communications about lawyer or lawyer's services, including firm-name misrepresentation suggesting capacities that do not exist.
Documentary anchor
Richard J. Rosiak — CA Bar #141430, sole practitioner. Markets and represents as "Richard J. Rosiak & Assoc" — plural-suggesting firm name with no associates of record. §17500 false advertising anchor + RPC 7.1 communication-about-services anchor. Withdrawal letter delivered Friday January 10, 2025 mailbox for Monday January 13, 2025 noticed trial = 3 calendar days. No appearance January 13, 2025. Plaintiff's first substantive pro se court date January 27, 2025. Rosiak dossier: actor-rosiak.html.
Controlling authority
RPC 7.1. B&P §17500 — false advertising. State Bar Enforcement Division formal review under Examiner Devin Urbany — no finding has been made.
Maximum exposure
State Bar discipline; B&P §17500 civil/restitution exposure.
Actors of record
Richard J. Rosiak (CA Bar #141430).
V

Senior Enhancement & Damages Multipliers

Counts 19–22
Count 19 Cal. Welf. & Inst. Code § 15657.5

Financial elder abuse — treble damages + attorney's fees (two seniors)

Elements
(1) Defendant took, secreted, appropriated, obtained, or retained real or personal property of elder (65+) for wrongful use or with intent to defraud, or by undue influence; (2) defendant knew or should have known conduct was likely to be harmful; (3) plaintiff is an elder.
Documentary anchor
Two seniors on documentary record: Michael A. Gasio, age 72; Tetyana Zvyagintseva, age 65+ (named ¶1.B of 2022 and 2024 leases, senior LEP occupant). Documented economic conduct against both: $6,375 security-deposit retention (Count 01); $5,350 off-contract wire 6/28/2024 to personal account #1005959166 directed during cure window; $4,338.48 cashier's check sealed and never credited; $7,350 in prior deposits not reflected in 4/26/2024 lease and not separately accounted; eviction of two seniors from below-market tenancy to facilitate 122% post-eviction Airbnb conversion at $7,786/month.
Controlling authority
WIC §15657.5 — financial elder abuse remedy; treble damages + reasonable attorney's fees and costs. WIC §15610.30 — definition of financial elder abuse. WIC §15610.27 — "elder" = any person 65+ residing in California.
Maximum exposure
Treble damages on actual harm; attorney's fees and costs; punitive enhancement; runs to both Michael Gasio and Tetyana Zvyagintseva as separate elder claimants.
Actors of record
All defendants — financial-conduct elements reach owner, brokers, contractor, and counsel under WIC §15610.30 "any person" framework.
Count 20 Cal. Civ. Code § 3345

Senior consumer-transaction multiplier — up to 3× statutory remedies

Elements
(1) Action brought by or on behalf of senior (65+) or disabled person; (2) trier of fact finds prerequisites for fines, civil penalties, or treble damages established under any consumer-protection statute; (3) §3345 authorizes multiplier up to 3× authorized recovery.
Documentary anchor
Senior claimants Michael Gasio (72) and Tetyana Zvyagintseva (65+) on documentary record. Multiplier attaches to statutory recoveries including §1950.5(l) statutory damages, B&P §17200 §17206 civil penalties, FDCPA §1692k statutory damages, and other consumer-protection-statute remedies.
Controlling authority
Clark v. Superior Court (2010) 50 Cal.4th 605 — §3345 multiplier framework. Multiplier applies per senior claimant on shared transaction.
Maximum exposure
Up to 3× authorized recovery on each predicate statutory recovery. Stacks with WIC §15657.5 treble where independently established. Runs to two seniors.
Actors of record
All consumer-transaction defendants.
Count 21 Cal. Civ. Code § 3294

Punitive damages — fraud, malice, or oppression

Elements
(1) Defendant guilty of oppression, fraud, or malice by clear and convincing evidence; (2) plaintiff may recover punitive damages in addition to actual damages.
Documentary anchor
Fraud documented across pre-execution stages of 4/26/2024 lease (Count 03 / 04); off-contract bank-account solicitation (Count 08); concealed habitability defects (Count 05); attorney-fee deduction self-imposed without court order (Count 01); MOR dollar-column / date-column contradiction proving silent concession of paid month (missing-month doctrinal anchor): missing-month.html. Required vs demanded: $15,833.33 vs $10,833.00 = $5,000 gap = exactly one month rent at contractual rate.
Controlling authority
Civ. §3294 — punitive remedy. Three statutory species: oppression, fraud, malice. "Clear and convincing" burden.
Maximum exposure
Punitive damages — no statutory cap, but jury discretion subject to constitutional review under State Farm v. Campbell (2003) 538 U.S. 408.
Actors of record
All defendants — punitive count attaches to predicate fraud/malice findings on each.
Count 22 Cal. Civ. Code § 1717

Prevailing-party attorney's fees on lease attorney-fee clause

Elements
(1) Contract contains attorney-fee provision; (2) party prevails on contract claim; (3) prevailing party entitled to reasonable attorney's fees as costs of suit.
Documentary anchor
April 26, 2024 lease contains attorney-fee clause invoked by landlord on Move-Out Clearance Report Attorney Fees line of $2,005. §1717 makes the clause reciprocal regardless of contract language — prevailing party (whichever side) is entitled. Counter-fees recoverable if plaintiff prevails on lease-related counts (Counts 01-07).
Controlling authority
Santisas v. Goodin (1998) 17 Cal.4th 599 — §1717 reciprocity. Hsu v. Abbara (1995) 9 Cal.4th 863 — prevailing-party determination.
Maximum exposure
Attorney's fees on lease-related counts (prevailing-party recovery on counter-prosecution).
Actors of record
Recovery against landlord under reciprocity.
Companion pages

Criminal exposure on the same conduct architecture: criminal-counts.html. Federal civil counts (FDCPA, FHA, RICO, CFPA): federal-civil-counts.html. Damages scaffolding with two-senior multiplier overlay: damages.html. Primary-document evidence index with portal hyperlinks: evidence-index.html.

Notice to reader · scope and disclaimers

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.

No statement on this portal 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. No finding has been made.

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, California Civil Code §47(d), and the Noerr-Pennington doctrine.

  FOR COUNSEL · DOCUMENTARY HANDOFF PORTAL · ELEVEN PAGES  
Publisher’s Notice

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.

§ Copyright reservation & use restriction

© 2026 Michael A. Gasio. All rights reserved. The contents of this portal — including the structural layout, the count entries, the documentary mappings, the citation index, and the narrative framing — are protected under the United States Copyright Act, Title 17 of the United States Code, §§101 et seq., and under the California Civil Code §§980–989. The portal is intended for mature professional audiences: licensed counsel, regulatory examiners, accredited investigators, court personnel, and reporters of court. Permission for limited fair-use citation in agency submissions, judicial filings, and professional review is presumptively granted on attribution to gasiomirror.com with capture date. Permission for bulk reproduction, derivative-work creation, or commercial use is not granted and must be obtained in writing.

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.

Caption
Gasio v. Tran et al.
30-2024-01410991-CL-UD-CJC
Dept. C61 · OCSC
Publisher
Michael A. Gasio · pro se
The Gasio Mirror · gasiomirror.com
Discipline
Documentary record
Allegation framing throughout
No finding has been made
Inquiries