Doc #5 — The Owner Knew and Proceeded to Evict the Tenants
"Your contractor said the whole kitchen wall is rotten and needs to be torn out."
— Michael Gasio to Phat Tran · Documented · Sent to Owner
— Michael Gasio to Phat Tran · Documented · Sent to Owner
"How would your patients like me protesting at your place. Free country stay on sidewalk — we live in filth for rich DD"
— Michael Gasio · Documented communication to Tran
— Michael Gasio · Documented communication to Tran
What Tran Knew
His own contractor confirmed the entire kitchen wall was rotten and required demolition. This is not a tenant complaint — it is Tran's own contractor's professional assessment, reported back to Tran in writing.
What Tran Did
Proceeded to evict. Rather than spend money on a rotten kitchen wall, Tran manufactured a rent default, used Silverstein to file the UD, and converted the property to Airbnb — then billed the renovation to the tenants via the fraudulent Move-Out Clearance.
Three Years of Notice
Day one photos. Year two contractor report. June 2023 phone call. April 2024 Ly inspection. May 28, 2024 City Attorney complaint. Five separate documented notices — zero repairs — then eviction.
Health Exposure
A CSULB Art Professor and a retired school administrator lived for two years in a property their landlord's own contractor confirmed had a rotten, mold-infested kitchen wall requiring complete demolition.
Anna Ly Connection
Mold disclosures were reported to the DA as of May 30, 2024. Anna Ly — Tran's daughter, DRE #01894348 — received forwarded documentation. The mold was known to every member of the Tran family network.
Ly Construction
The same Ly who inspected and confirmed the rot in 2023-2024 invoiced $7,837 for flooring renovation in August 2024 — after the tenants were evicted. The repair promised during tenancy became a billable Airbnb upgrade.
Five Documented Notices — Zero Repairs
1
May 2022 — Day One
Move-in photos of mold
sent to owner same day
sent to owner same day
2
Summer 2023 — Written
Contractor report to Tran:
"It is bad" — in writing
"It is bad" — in writing
3
June 2023 — Phone
Ly speaks to Tran on your phone
First direct conversation
6-day agreement reached — reneged
First direct conversation
6-day agreement reached — reneged
4
April 18, 2024 — In Person
Hanson brings Ly to property
Presented as BHHS employee
Full extent confirmed again
Presented as BHHS employee
Full extent confirmed again
5
May 28, 2024 — Formal
HB City Attorney complaint
Binder to BHHS, Ethos, Hanson
Eviction 36 days later
Binder to BHHS, Ethos, Hanson
Eviction 36 days later
0
Total Repairs Made
Zero repairs in three years
Mold still present today
Ly Construction renovated for Airbnb
Mold still present today
Ly Construction renovated for Airbnb
Three-Year Documented Timeline — Owner Had Written Notice Throughout
MAY 1, 2022 — MOVE-IN DAY
Day One Mold Photos Sent to Owner
Photos taken at 11:39 AM on move-in day showing extensive mold under kitchen sink and throughout kitchen wall. Sent to Phat Tran and Anna Ly. Location tagged: Huntington Beach — Garfield. This is not a condition that developed during tenancy — it was present the moment the keys were handed over.
YEAR ONE — 2022-2023
Ongoing Habitability Issues — Roof Leaks, No Power in Walls, Screens, Windows
Message to Hanson Le dated May 27, 2024 references conditions "dated the day we moved in — screens, mold, windows, etc. — nothing's been done about it." These conditions predated tenancy and continued unaddressed throughout year one.
SUMMER 2023 — YEAR TWO
Tran's Own Contractor Visits — Reports in Writing: "It Is Bad"
Contractor inspects property. Wife and mother-in-law both out of country. Michael alone, fully cooperative, maximum access provided. Contractor submits written report to Tran: the mold and rot are serious. Tran receives written professional confirmation. Response: "Ly does not have the time for 6 days — sorry." No repair initiated.
JUNE 2023 — FIRST PHONE CALL WITH TRAN
Ly Speaks to Tran on Tenant's Phone — Repair Agreement Formed
First direct phone conversation between Michael and Tran. Ly speaks to Tran directly on Michael's phone after assessing the full extent of mold and wet walls. Agreement reached: repairs to be completed in early summer. Scope: 6 days, including door replacement to match existing cabinets, fresh wall and guts. Michael cooperated completely: removed plastic from kitchen, used back door, ate out. Tran subsequently cancelled: "Ly does not have the time for 6 days — sorry."
APRIL 18, 2024
Hanson Brings Ly to Property — Presented as BHHS Employee
Hanson Le arrives with a man named Ly whom he introduces as a Berkshire Hathaway HomeServices employee. Michael recognizes Ly from prior house work together. Applies vice principal instinct: stays silent, allows the misrepresentation to stand, observes. Hanson and Ly communicate in an Asian language in tenant's presence. Ly confirms extent of mold and rot. 6-day repair agreement discussed again. Tran subsequently kills it again.
MAY 28, 2024
Formal Complaint — HB City Attorney — Mold Infestation and Negligence
Tatiana (Yulia) Zvyagintseva and Michael Gasio file formal complaint. One-pound binder physically delivered to: HB City Attorney, BHHS Legal, Ethos, Hanson Le's office. Subject: "Urgent Request for Investigation into Substandard Living Conditions Due to Mold Infestation and Negligence." All parties have actual written notice.
JULY 3, 2024 — 36 DAYS LATER
Silverstein Files UD — Retaliatory Eviction
Steven D. Silverstein files unlawful detainer on manufactured default. CC §1942.5 180-day retaliation presumption triggered. The habitability complaint — not nonpayment — is the proximate cause of the eviction. Tran chose eviction over a rotten kitchen wall repair.
AUGUST 14, 2024 — 9 DAYS POST-VACATE
Ly Construction Invoices $7,837 — Airbnb Renovation
Ly Construction Invoice #2412: complete vinyl flooring installation, stairnose, baseboard work. The repair Ly refused to do during tenancy becomes a billable Airbnb renovation after eviction. Charged to tenants on fraudulent Move-Out Clearance as "dog pee damage."
TO THIS DAY — APRIL 2026
Mold Still Present at 19235 Brynn Ct.
The underlying habitability conditions that Tran refused to remediate during three years of tenancy remain. The Airbnb renovation addressed cosmetic flooring — not the rotten kitchen wall, not the wet walls, not the structural mold. A future tenant or Airbnb guest lives in the same conditions.
Exhibit — Doc #5 — Mold and Rot Photo — Contractor Confirmed Whole Wall Rotten
Doc #5
Extensive Mold and Rot — Owner Given Evidence — Owner Knew — Proceeded to Evict
⚠ "Your contractor said the whole kitchen wall is rotten and needs to be torn out" — Sent to Tran — Owner knew — No repair — Eviction followed
Exhibit — Move-In Day Mold — May 1, 2022 — 11:39 AM — Day One
Day One
Kitchen Cabinet Mold — May 1, 2022 at 11:39 AM — Huntington Beach — Garfield — Move-In Hour
⚠ Mold documented at 11:39 AM on move-in day — May 1, 2022 — iPhone timestamp and location tag confirmed — Sent to Phat Tran and Anna Ly same day — "it is everywhere — roof leaks also — no power in walls"
Exhibit — Hanson Le Text — "Nothing Has Been Done" — Photos Dated Move-In Day
Hanson Text
Text to Hanson Le — May 27, 2024 — Photos from Move-In — "Nothing Been Done About It"
Key text visible: "I'm going to send you some photos of the mold — this was something that the doctor agreed needed to be taken care of — I sprayed some paint over it — but I'm going to want in writing that the kitchen is going to be remodeled and all the mold is out — I'm going to send you a photo of the kitchen — it's dated the day we moved in — nothing's been done about it — except me — the dishwasher doesn't work"
Exhibit — Anna Ly Mold Disclosures — None Reported to DA — August 30, 2025
DA Report
Fw: Anna Ly Mold Disclosures None Reported to DA May 30, 2024 — Sent to FBI, HBPD, Silverstein, Rosiak
⚠ Recipients: legal@hsfranchise.com · srandell@hbpd.org · hnguyen2@fbi.gov · hansonle@bhhscaprops.com · Rosiak · and others — Anna Ly personally received mold disclosure documentation — None reported to DA — Active DRE complaint No. 1-24-0513-010
Exhibit — Second Corporate Escalation — BHHS Web Submission — Dennis Rosas — Fraud and Mold Complaint
Corporate Escalation
Yahoo Mail — 1059 — Second Corporate Escalation: BHHS California Properties Web Submission — Fraud and Mold Complaint over Federal Wires
⚠ Dennis Rosas — BHHS Designated Officer DRE #01208606 — Supervisory responsibility for Hanson Le's licensed conduct — Second corporate escalation submitted through official BHHS web portal — Fraud and mold complaint over federal wires
Additional Pages
OTC40 Document — Pages 4 and 5
Legal Analysis — Applicable Statutes
CC §1941
Landlord's Duty — Habitable Conditions
Tran had a continuous legal duty to maintain the premises in a habitable condition. Three years of documented mold with written notice from day one is a sustained statutory violation. The rotten kitchen wall confirmed by his own contractor is per se uninhabitable.
Health & Safety Code §17920.3
Substandard Dwelling — Visible Mold
Visible mold affecting indoor air quality renders a dwelling legally substandard. Tran's own contractor confirmed this in writing in year two. The property was legally substandard for three years while tenants paid $5,000/month.
CC §1942.5
Retaliatory Eviction — 180-Day Presumption
UD filed 36 days after formal habitability complaint to HB City Attorney. Well within the 180-day rebuttable presumption of retaliation. Five prior documented notices make the retaliation case overwhelming — Tran chose eviction over repair.
CC §1942
Tenant's Remedy — Repair and Deduct
After reasonable time to repair uninhabitable conditions, tenant may repair and deduct or abandon. Three years is not reasonable time. This statute also supports the damages claim — tenants were deprived of habitable premises for the entire tenancy.
CC §1950.5(e)
Security Deposit — Pre-Existing Conditions
Tran charged tenants $7,835 for "carpet replacement due to dog pee" and other damage. The rotten kitchen wall and mold predated tenancy — documented from move-in day. Pre-existing conditions cannot be charged to tenants. The entire Move-Out Clearance is fraudulent.
Civil Code §1572
Fraud — Concealment of Material Defect
Tran rented a property with a rotten kitchen wall requiring demolition without disclosing this to tenants. Anna Ly — Tran's daughter and the listing agent — made no mold disclosures to the DA as of May 30, 2024. Fraudulent concealment of material defects at inception of tenancy.
Declaration Language — For Snell & Wilmer Filing
Proposed Declaration of Michael A. Gasio — Habitability Facts
"On May 1, 2022 — the day I moved into 19235 Brynn Ct., Huntington Beach CA 92648 — I photographed extensive mold under the kitchen sink and throughout the kitchen wall and sent these photos to Phat Tran and Anna Ly the same day. The property also had roof leaks and no power in walls. No repairs were made in year one.
In summer 2023, Tran's contractor visited the property and submitted a written report to Tran stating the conditions were 'bad.' Both my wife and mother-in-law were out of the country at this time. I was alone and fully cooperative. No repairs were made.
In June 2023, during my first direct phone conversation with Tran, an individual known to me as Ly — whom I had previously worked with on a house project — spoke to Tran on my phone after assessing the full extent of the mold and wet walls. An agreement was reached to perform repairs in early summer: six days of work including door replacement and full wall remediation. I cooperated completely: I removed plastic from the kitchen, used the back door, and ate out during the repair period. Tran subsequently informed me that Ly 'does not have the time for 6 days — sorry.' No repairs were made.
On April 18, 2024, Hanson Le arrived at my residence with an individual he introduced as a Berkshire Hathaway HomeServices employee. I recognized this individual — I had previously worked with him on a house project. His surname was Ly. I did not reveal my recognition and allowed Hanson Le's misrepresentation to stand without interruption. Hanson Le and this individual communicated in an Asian language in my presence. The individual again confirmed the extent of the rot and mold. No repairs were made.
On May 28, 2024, my wife Tatiana (Yulia) Zvyagintseva and I filed a formal complaint with the Huntington Beach City Attorney's Office documenting the mold infestation and negligence. Physical binders were delivered to the City Attorney, BHHS Legal, Ethos, and Hanson Le's office. Thirty-six days later, on July 3, 2024, Steven D. Silverstein filed the unlawful detainer action against us.
Ly Construction, Invoice #2412 dated August 14, 2024 — nine days after our vacate date — billed Phat Tran $7,837 for flooring installation at the subject property. The repairs promised during our three-year tenancy were performed for Airbnb conversion after our eviction. These costs were then included in the fraudulent Move-Out Clearance as charges against us."
In summer 2023, Tran's contractor visited the property and submitted a written report to Tran stating the conditions were 'bad.' Both my wife and mother-in-law were out of the country at this time. I was alone and fully cooperative. No repairs were made.
In June 2023, during my first direct phone conversation with Tran, an individual known to me as Ly — whom I had previously worked with on a house project — spoke to Tran on my phone after assessing the full extent of the mold and wet walls. An agreement was reached to perform repairs in early summer: six days of work including door replacement and full wall remediation. I cooperated completely: I removed plastic from the kitchen, used the back door, and ate out during the repair period. Tran subsequently informed me that Ly 'does not have the time for 6 days — sorry.' No repairs were made.
On April 18, 2024, Hanson Le arrived at my residence with an individual he introduced as a Berkshire Hathaway HomeServices employee. I recognized this individual — I had previously worked with him on a house project. His surname was Ly. I did not reveal my recognition and allowed Hanson Le's misrepresentation to stand without interruption. Hanson Le and this individual communicated in an Asian language in my presence. The individual again confirmed the extent of the rot and mold. No repairs were made.
On May 28, 2024, my wife Tatiana (Yulia) Zvyagintseva and I filed a formal complaint with the Huntington Beach City Attorney's Office documenting the mold infestation and negligence. Physical binders were delivered to the City Attorney, BHHS Legal, Ethos, and Hanson Le's office. Thirty-six days later, on July 3, 2024, Steven D. Silverstein filed the unlawful detainer action against us.
Ly Construction, Invoice #2412 dated August 14, 2024 — nine days after our vacate date — billed Phat Tran $7,837 for flooring installation at the subject property. The repairs promised during our three-year tenancy were performed for Airbnb conversion after our eviction. These costs were then included in the fraudulent Move-Out Clearance as charges against us."