Chronology of Events, Evidence, and Legal Implications
1. Pre-Lease Background (2022)
April 2022 – Property Listing & Misrepresentation
Property at 19235 Brynn Ct listed by Anna Ly as “ocean view / laundry in-unit / pet-friendly.” No laundry present; mold and habitability issues later documented.
- Bus. & Prof. Code §17500 (False Advertising)
- Bus. & Prof. Code §10176(a) (Misrepresentation by Broker/Agent)
- Civ. Code §1941.1 (Habitability Violations)
May 2022 – Initial Lease Execution (T7)
Three-bedroom lease signed by Phat Tran (Owner), Anna Ly (Agent), and Michael Gasio (Tenant). Security deposit $6,375. Keys delivered; no walk-through performed.
- Civ. Code §1950.5(f) (Pre-Move-Out Inspection Required)
June–August 2022 – Mold and Appliance Disputes (T12a–T16)
Tenant reports mold and missing washer/dryer. Agent admits false listing, tells tenant to vacate “by noon.”
- Civ. Code §1942.5 (Retaliation for Tenant Complaints)
- Health & Safety Code §17920.3 (Substandard Conditions)
2. Lease Renewal & Continuity (2023 – April 2024)
March 2023 – Lease Extended via DocuSign (T20–T21)
Anna Ly issues renewal to May 2024. All parties sign electronically. Owner later denies knowledge.
- Bus. & Prof. Code §10177(g) (Dishonest Dealing)
April 19 2024 – Wire Payment $5,000 (T26/X1)
Tenant sends Wells Fargo wire with memo “New lease 24 one payment at 5000.” Owner texts “Thank you.” Legal acceptance complete.
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Cal. Civ. Code §1583 (Acceptance by Performance)
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18 U.S.C. §1343 (Wire Fraud if later concealed)
3. Fraudulent Handling of Payments (Apr – Jul 2024)
May 30 2024 – Cashier’s Check Delivered to BHHS Office (T26/T28)
Certified package (1 lb) addressed to Manager received and signed for at Berkshire Hathaway Huntington Beach. Contained check and lease set. Owner acknowledges via text that “Hanson has the check.”
- 18 U.S.C. §1341 (Mail Fraud)
- 18 U.S.C. §1344 (Bank Fraud)
- Civ. Code §1636 (Contract Interpretation)
June 2024 – Owner Claims Non-Payment
Despite receipt and thank-you texts, owner alleges non-payment and threatens eviction. Tenant produces postal proof and bank record.
- Civ. Code §1504 (Acceptance of Tender)
- Penal Code §118 (Perjury if false testimony)
July 2024 – Returned Check Fraud (T28)
Owner mails “returned check” as paper after electronic deposit. USPS tracking shows item never delivered before court. Owner submits unreadable copy as evidence.
- 18 U.S.C. §1341 (Mail Fraud)
- Cal. Evid. Code §1402 (Authentication Required)
July 3 2024 – 3-Day Notice to Pay or Quit
Attorney Steven Silverstein files notice asserting non-payment of May–July rent though funds accepted. Tenant alerts police and Berkshire legal.
- CCP §1161(2) (Unlawful Detainer Requirements)
- 18 U.S.C. §1343 (Wire Fraud via DocuSign Transmission)
4. Retaliation and Eviction Proceedings (July – Aug 2024)
June 25 2024 – Police and State Reports (T1045–1046)
Tenant reports forgery and contract fraud to Huntington Beach Police and State DRE Investigator Tom Nguyen. Eviction filed weeks later — retaliation established.
- Civ. Code §1942.5 (Retaliatory Eviction)
- Penal Code §136.1 (Obstruction of Justice – Witness Intimidation)
Aug 2024 – Eviction Judgment Entered
Court relies on false non-payment claim; USPS proof not reviewed. Tenant files appeal and criminal referrals.
- Fraud upon the Court (Chambers v. NASCO Inc., 501 U.S. 32)
5. Medical and Personal Impact (Summer 2024)
July – August 2024 – Documented Cardiac Episodes (1061–1070)
Beta blockers prescribed; heart monitor fitted. Physician letters confirm stress-related arrhythmia due to eviction process.
- Damages Evidence – Emotional/Physical Distress (CACI 3905A)
6. Post-Eviction Conduct (Sept 2024 – Jan 2025)
Sept 2024 – Ly Construction Invoice (1087)
Invoice for $7,837 “carpet replacement.” Photos show vinyl plank install and fresh paint. False damage claim confirmed.
- 18 U.S.C. §1341 (Mail Fraud – Invoice)
- Bus. & Prof. Code §17200 (Unlawful Business Practice)
Oct 2024 – Airbnb Listing (1088)
Property listed as short-term rental at $7,786/mo. Shows renovated floors and paint funded by tenant deposit. Motive for fraudulent eviction established.
- Civ. Code §1940.2 (Retaliation)
- 18 U.S.C. §1343 (Wire Fraud – Online Listing)
7. Federal Exposure and Ongoing Claims (2025)
Jan 2025 – Federal Referrals Filed
Referrals to USPS Inspection Service, FBI IC3, California DRE, and Attorney General. Summary includes 24 predicate wire/mail fraud acts.
- 18 U.S.C. §1961 (RICO Predicates)
- 18 U.S.C. §1519 (Obstruction – Evidence Destruction)
Feb – Oct 2025 – Evidence Compilation and Portal Creation
AI-assisted Deep Library compiled with timestamped HTML records, certified mail proofs, and photographic evidence for prosecutorial review.
- Fed. R. Evid. 901(b)(4) (Self-Authenticating Digital Records)