Gasio v. Tran et al. · 30-2024-01410991-CL-UD-CJC · Statutory Reference
The statutes, rules, and instructions the case file relies on — each one summarized for a fast read, with a note on what it is doing in this matter, and a link to the governing text.
This is a reference apparatus, not an argument. Each card names a provision, says in one or two lines what it does, and flags the point of exposure it speaks to in this case.
Read the cite as a link to the controlling text; read Exposure as the mental note — the place this authority touches the record. Where a provision is part of a statutory-reach framework rather than a charge, it is labeled as such and carries no finding.
The instrument-and-candor cluster. Crime headings appear only as questions presented; nothing below asserts that an offense occurred.
Makes it an offense to prepare a false document with intent to produce it as genuine in a proceeding. The offense is complete on preparation, whether or not the document is ever used.
ExposureLead state framework for the documents alleged to have been prepared for the unlawful-detainer action. Question presented, not a finding.
Addresses offering in evidence a written instrument known to be false or antedated.
ExposurePairs with § 134 as to documents offered in the proceeding. Allegation-framed.
Defines perjury, perjury by affidavit, and the rule requiring corroboration to sustain a perjury allegation.
ExposureSpeaks to sworn statements in the verified pleadings and testimony. Question presented.
Concerns offering a false or forged instrument for filing or recording in a public office.
ExposureProvisional; tied to instruments placed in the court file. Allegation-framed.
The statutory definitions of theft, theft by false pretenses, and extortion. Cited as a legal lens on the conduct framework, not as a charge.
ExposureApparatus only. Each term appears as a defined statute, never as a description of any person's conduct. No finding.
Statutory-reach references within the instrument framework.
ExposureConditional apparatus, allegation-framed; no offense is asserted.
California's computer-access statute; part of the publication / access-and-copyright cluster.
ExposureCited in the colophon framework for the portal's own materials.
Governs limits, itemization, and return of a residential security deposit. AB 12 capped deposits at one month's rent generally, effective July 1, 2024. For bad-faith retention, a court may award statutory damages of up to twice the deposit, in addition to actual damages (subd. (l)); the landlord bears the burden of proving the deductions reasonable.
ExposureThe move-out deductions (incl. the ~$7,835 carpet line) are measured against the reasonableness and documentation requirements. Ledger note: prior "$125 bad-faith floor" corrected — $125 is the itemization/receipt threshold, not a damages floor; the bad-faith remedy is up to 2× the deposit.
Implied warranty of tenantability and the tenant's repair-and-deduct remedy.
ExposureThe mold and the tenant-paid dishwasher (~$1,011.52) sit here.
Bars retaliatory action against a tenant who has lawfully complained; carries a presumption window and a fee/remedy provision.
ExposureTiming of the notice relative to the habitability complaints is the question presented.
The covenant of quiet enjoyment implied in every lease.
ExposureFrames the disturbance allegations.
Requires the landlord to designate, in the agreement, the name and address to which rent is payable.
ExposureWho rent was contractually payable to, against later instructions to pay elsewhere.
Apparent consent obtained through duress is not free.
ExposureSpeaks to the payment tendered "under protest."
Performance in the manner the creditor directed extinguishes the obligation, even where the creditor does not receive the benefit.
ExposureLead civil-discharge framework for the rent paid as directed.
Tender has the same effect upon all its incidents as performance (§ 1504); offer may be made to the creditor or a designated payee (§ 1495); deposit can extinguish (§ 1500).
ExposureThe tender / deposit-under-protest theory.
Contract read to give effect to the mutual intention; the language governs if clear.
ExposureWhat the written lease said about payee, term, and rent.
An agent's acts bind the principal within the agency; notice to or knowledge of the agent is imputed to the principal.
ExposureThe "the agent has the check / the agent received it" line of admissions.
The privilege for communications in a judicial proceeding; courts recognize it yields where knowledge of falsity is shown.
ExposureAnticipates the privilege defense to statements made in the proceeding.
Weaker and less satisfactory evidence offered when stronger was available is viewed with distrust (§ 412); the trier may consider a party's willful suppression of evidence (§ 413).
ExposurePairs with CACI 204 on missing originals. Reserved; § 913 still controls.
A party whose conduct intentionally led another to act may be estopped from contradicting it.
ExposureThe directions given, then later disputed.
A party's own statement, and a statement by a person authorized to speak for the party, are admissible as exceptions to the hearsay rule.
ExposureCarries the text-message admissions and the agent's "received the check" statements.
Neither the court nor counsel may draw an adverse inference from a party's exercise of a privilege.
ExposureThe page-level rule governing this entire file.
An action must be prosecuted in the name of the real party in interest.
ExposureThe standing thread — who the proper plaintiff is.
Pleadings are verified under § 446; an unlawful-detainer complaint must be verified (§ 1166).
ExposureThe verification block on the UD complaint.
A signature on a filing certifies the factual and legal contentions; provides for sanctions.
ExposureThe signature on the complaint and notice.
A broker who receives trust funds must place them in a trust account or as the principal directs.
ExposureHandling of funds received by the brokerage.
Grounds on which the Department of Real Estate may discipline a licensee.
ExposureThe DRE complaints referenced in the record.
Duty never to mislead a judge (§ 6068(d)); discipline for acts of moral turpitude or dishonesty (§ 6106); deceit or collusion (§ 6128(a)). No conviction is required for State Bar discipline.
ExposureThe candor framework for counsel of record. State Bar matter is under review; no finding has been made.
Prohibits unlawful, unfair, or fraudulent business acts and practices.
ExposureThe business-practices framing.
Safekeeping of client/third-party funds (1.15); a lawyer's responsibility for the conduct of nonlawyer assistants (5.3) — delegation does not relocate the duty.
ExposureTrust handling and the supervision framework.
Meritorious contentions (3.1); candor toward the tribunal (3.3); fairness to the opposing party (3.4); the bar on dishonesty, fraud, deceit (8.4(c)).
ExposureThe professional-conduct lens on the filings.
An instrument payable to two persons not in the alternative ("A and B") is payable to, and enforceable only by, all of them.
ExposureLead authority on the cashier's check naming two payees.
Conversion law applies to an instrument paid on a missing or unauthorized indorsement.
ExposureThe two-payee check collected without both indorsements.
Presentment and transfer warranties running from a collecting bank.
ExposureThe bank-side warranties on the deposited instrument.
The framework for one person's authority to act for another.
ExposureAuthority to negotiate an instrument on another's behalf.
Regulates short-term rentals (≤30 nights). Adopted by Ordinance No. 4224, effective Feb. 19, 2021. The fine is $1,000 for each violation, and each separate day a violation exists may be treated as a separate violation. Zone 1 (the city excluding Sunset Beach) permits only hosted / owner-occupied STRs; three violations within twelve months result in permit revocation.
ExposureThe alleged short-term-rental use of the premises. Question presented; confirm the exact enforcement subsection on pin-cite.
The federal mail-, wire-, and bank-fraud statutes and the fraud-conspiracy provision. Cited as a statutory lens; each transmission can be a separate offense.
ExposureThe interstate-transmission framing. Apparatus only; no offense asserted.
Discrimination in the terms, conditions, or privileges of a rental (§ 3604); coercion, intimidation, or interference with the exercise of fair-housing rights (§ 3617).
ExposureStanding-page authority on terms and interference.
Bars false or misleading representations (e) and unfair practices (f) in debt collection; sets validation duties (g).
ExposureThe collection-conduct framing.
The Department of Justice's policy section on mail and wire fraud, with the resource-manual statement of wire-fraud elements.
ExposureCited as the prosecutorial reference framework.
Model instructions for the mail- and wire-fraud elements; the wire instruction treats each transmission as a separate offense.
ExposureElement checklist for the federal lens.
Subject matter, exclusive rights, fair use, infringement remedies, the safe-harbor and the anti-circumvention / integrity-of-management provisions.
ExposureReservation framework for this publication's own materials; not a case charge.
The treaty backdrop to the federal copyright framework.
ExposureColophon reservation only.
The civil pattern instruction for a retaliatory-eviction claim.
ExposurePairs with Civ. § 1942.5.
Permits an inference from a party's willful suppression of evidence.
ExposureReserved adverse-inference instruction; § 913 still governs.
The criminal pattern instruction stating the elements of perjury.
ExposureElement reference for the perjury question presented.
Consciousness of guilt from false statements (362), suppression or fabrication of evidence (371), and the general instruction (378). Judicial Council authority chain confirmed.
ExposureReserved instructions; framed as questions presented, no finding made.