EVENT 1.1 · c. 2012 · Unpermitted Drain Relocation

Kitchen drain relocated inside wall cavity above dishwasher electrical outlet — unpermitted. Leak saturated wall, corroded electrical, grew mold for ~10 years before listing. Condition undisclosed at sale or rental.

Statute

Cal. H&S Code §17920.3; Cal. Civ. Code §1941.1; §1710 (fraudulent nondisclosure).

Court/Agency

OC Superior Court (civil); HBPD / OC DA (criminal).

Persons

Phat L.K. Tran (owner of record since June 2005).

EVENT 1.2 · April 2022 · False Listing Representation

Property listed as "NEW carpet, NEW paint, Ready to move in" with known mold, defective electrical, roof leak, rotten subfloor — all pre-existing. Eight gallons Glidden Premium paint found in garage post-eviction — consistent with cosmetic concealment over substantive defect.

Statute

Cal. Civ. Code §1710; §1102 (mandatory disclosure); Cal. Bus. & Prof. Code §10176.

Court/Agency

OC Superior Court; DRE Matter #1-24-0513-010.

Persons

Phat L.K. Tran; Anna Tran Ly (listing agent).

EVENT 1.3 · Pre-Tenancy · Dishwasher Repair Bill Dated 13th of Month Preceding Move-In New

Before plaintiff took occupancy, Tran's townhouse dishwasher had failed preceding move-in and had standing water on delivery of keys to tenants. Plaintiff complained about the mold defect to facilitate the move-in transition. The same dishwasher would later fail again and be determined by Berkshire Hathaway to be defective in the 25th month of tenancy (EVENT 3.2), and remained questionable across contractor visits and into the 2024 lease with Hanson Le. The Ly Construction bill establishes that Tran's documentary billing pattern predates the tenancy by at least one cycle.

Statute

Cal. Civ. Code §1710 (concealment by inducement); Cal. Evid. Code §1101(b) (common scheme or plan); foundation for §1942 chain.

Court/Agency

OC Superior Court; OC DA (pattern evidence).

Persons

Phat L.K. Tran.

EVENT 2.0 · April 2022 · Anna Tran Ly Operating an Unregistered Brokerage from a Residential Channel Under an Expired DBA New

Anna Tran Ly held California Broker License DRE #01894348 (issued 1/28/2011 — broker level, not salesperson). At the time of the April 2022 listing, transaction, and lease execution, she was operating without an active registered place of business under the Sun Realty DBA, which had expired 2/24/2015 — more than seven years prior. Signage and listing identification continued to display "Sun Realty" notwithstanding the expired fictitious business name registration. No corporate trust account was designated for the transaction; deposits routed direct to Phat L.K. Tran's personal Wells Fargo account #1005959166 (EVENT 2.5), bypassing the broker trust-fund mandate. Concurrently, Ly performed property-management functions (tenant communications, payment instructions, document drafting), creating a dual capacity never separately licensed or accounted for. The contemporaneous channel was a personal Yahoo address (lymyhoa@yahoo.com) and personal cellular number — no brokerage domain, no firm letterhead, no license number on transmittals.

Statute

Cal. Bus. & Prof. Code §10159.5 (broker must maintain definite place of business); §17910 et seq. (FBN registration must be current); §10145 (broker trust-fund duty); §10140; §10176(b); §10177(d); §10131(b) (property-management activity licensure).

Court/Agency

DRE Matter #1-24-0513-010; OC Superior Court; FTB / EDD — untaxed-brokerage referral pending compensation-flow verification (subpoena to brokerage for 1099 records).

Persons

Anna Tran Ly.

EVENT 2.1 · April 21, 2022 · Document A Executed

First lease executed via DocuSign (Envelope E1408B26). Rent $5,000/mo. No Pet Addendum. Payment to Phat Tran personally at 20012 Sand Dune Lane. Move-in total $10,375. Three named residents including Tetyana Zvyagintseva (LEP, 65+).

Statute

Contract baseline — Cal. Civ. Code §1550 et seq.

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran; Anna Tran Ly.

EVENT 2.2 · April 22, 2022 · 7:46 PM · Anna Ly Text — "We Left It Out to Make It Easy for You"

Text from (949) 923-5679 (attributed to Anna Ly by DRE license records and her email of record): "There's no dog addendum, landlord prefers tenants without dogs, we left it out to make it easy for you." Characterizes deliberate omission from an already-executed instrument.

Statute

Cal. Civ. Code §1572; §1710(3) (concealment of material fact); Cal. Bus. & Prof. Code §10176.

Court/Agency

OC Superior Court; DRE #1-24-0513-010.

Persons

Anna Tran Ly.

EVENT 2.3 · April 23, 2022 · 9:28 AM · Anna Ly Email Proposing "Revised Lease" + Wire Instructions

Email lymyhoa@yahoo.com proposes "revised lease contract." $1,000 deposit due same day; wire to WF #1005959166 (Phat Tran). Move-in total increases $1,000 over executed Document A. Sent from personal Yahoo, no DRE license number, no brokerage domain.

Statute

Cal. Bus. & Prof. Code §10140; Cal. Civ. Code §1572; 18 U.S.C. §1343 (wire fraud setup).

Court/Agency

OC Superior Court; DRE; FBI / IC3 preservation.

Persons

Anna Tran Ly; Phat L.K. Tran.

EVENT 2.4 · April 23, 2022 · 9:16–9:37 AM · Document B Executed (Same Morning as Email)

Second lease executed (Envelope 5D80110C) by all four parties within 21 minutes of Anna Ly's email. Pet Addendum added ($1,000 pet deposit), personal check option removed, keys/garage line raised $75 → $375. Total move-in cost raised $10,375 → $11,375. Tenancy had not yet commenced.

Statute

Cal. Civ. Code §1567 (consent obtained by fraud/duress); Cal. Bus. & Prof. Code §10176.

Court/Agency

OC Superior Court.

Persons

Anna Tran Ly; Phat L.K. Tran.

EVENT 2.5 · April 26, 2022 · 6:20 AM · First Wire to WF Account #1005959166

$1,000 wire, WF Confirmation #OW00002146396360. Establishes the 26-month-continuous rent-receiving account — the same account used on the June 21, 2024 Three-Day Notice (EVENT 6.1) and the 6/28/2024 off-contract wire (EVENT 8.1).

Statute

Documentary anchor — 18 U.S.C. §1344 (bank fraud preservation); Cal. Bus. & Prof. Code §10145.

Court/Agency

CFPB; FBI.

Persons

Phat L.K. Tran; Anna Tran Ly.

EVENT 3.1 · May 1, 2022 · 11:39 AM · Move-In Day Mold Photograph (Exhibit HAB-001)

Geotagged iOS photograph shows mature black mold colonies in under-sink kitchen cabinet — 39 minutes after arrival. Mold predates tenancy. Condition undisclosed at listing.

Statute

Cal. H&S Code §17920.3; Cal. Civ. Code §1941.1; §1710.

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran; Anna Tran Ly.

EVENT 3.2 · May 6, 2022 · Anna Ly Text — "I Know It Was Just Finished Construction"

"There may be a problem in the kitchen wiring — the dishwasher did not turn on and was full of water… I know it was just finished construction." Personal admission of constructive knowledge of defect made as listing agent who declared unit "ready to move in" six days earlier.

Statute

Cal. Bus. & Prof. Code §10176; Cal. Civ. Code §1710; §1102.

Court/Agency

OC Superior Court; DRE #1-24-0513-010.

Persons

Anna Tran Ly; Phat L.K. Tran.

EVENT 3.3 · May 10, 2022 · Tenant Reports Burnt Outlet and Dishwasher to Owner

Email gasio77@yahoo.com to kyphat@yahoo.com documenting defective outlet and dishwasher full of water at move-in. Owner's repair-duty clock commences.

Statute

Cal. Civ. Code §1941.1.

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran.

EVENT 3.4 · 2022–2024 · Four Contractor Visits by David Ly (CSLB #1068334)

Four repair visits by David Ly. Visit 3 revealed jumped circuits, doubled conductors — unpermitted work. Visit 4: David Ly told 72-year-old tenant on cardiac monitor to replace all light switches himself from Home Depot rather than arranging licensed electrical remediation. No written disclosure of dangerous conditions on any visit.

Statute

Cal. Bus. & Prof. Code §7090; §7160; Cal. H&S Code §17920.3.

Court/Agency

OC Superior Court; CSLB.

Persons

David Ly; Phat L.K. Tran.

EVENT 3.5 · Mid-Tenancy · Removal of Contracted Gardener + HOA Arrears

Landlord stopped paying contracted gardener. HOA (whose CC&Rs mandate yard maintenance) gave plaintiff a push mower and delegated maintenance to the 72-year-old tenant wearing a cardiac monitor. Phat Tran was simultaneously ~1 year in arrears on HOA dues while raising tenant rent 7%.

Statute

Cal. Civ. Code §1941 (quiet enjoyment); §1942.5(c) (retaliatory predicate).

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran.

EVENT 3.6 · March 5, 2024 · Dishwasher Failure Reported

Tenant reports dishwasher failed. Same appliance that was full of water at move-in 5/2022, never definitively repaired across four contractor visits. Notice restarts the §1942 repair clock.

Statute

Cal. Civ. Code §1941.1; §1942.

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran; Hanson Le (incoming manager 4/26).

EVENT 4.1 · March 20, 2024 · Tenant Communicates Intent to Vacate

Phone call — Michael Gasio tells Phat Tran they intend to vacate end of April 2024. Owner asks them to stay, promises to fix property issues (corroborated by 4/2 email).

Statute

Cal. Civ. Code §1946.1 (60-day notice protection operative).

Court/Agency

OC Superior Court (coercion-analysis context).

Persons

Phat L.K. Tran.

EVENT 4.2 · April 1, 2024 · 10:04 PM · Owner Text — "I Just Decided to Hire a Manager"

Confirmed verbatim from screen capture: "Hi Michael, sorry to text you at this time, it s a little late at night, I just decided to hire a manager to take care the pro[p]erty, he ll call you…" Presents incoming manager as a "hire to take care the property" — not a new lease, not a new rate, not a new lessor.

Statute

Cal. Civ. Code §1572; §1710(4).

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran.

EVENT 4.3 · April 2, 2024 · 11:10 AM · Owner Email — "Please Do Not Think We're Looking New Lessee"

Email kyphat@yahoo.com: "please do not think we're looking new lessee." Affirmative written representation that no lease substitution was intended — made 24 days before a new lease was executed.

Statute

Cal. Civ. Code §1572; §1710; §1709 (deceit).

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran.

EVENT 4.4 · April 4, 2024 · 2:46 PM · Owner Text Identifying Hanson Le as "The Manager"

"The name of the manager is Hanson Le, he will contact you soon Michael." No mention of new lease, new rate, new payment account.

Statute

Same as EVENTS 4.2 / 4.3 — pattern of representation.

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran.

EVENT 4.5 · Pre-April 18, 2024 · Plaintiff Notifies Hanson Le in Writing — Named Resident Does Not Speak English

Text to Hanson Le: "Sorry mother-in-law doesn't speak English wife won't be home." Written notice that Tetyana Zvyagintseva (lease §1.B named resident) was LEP. No translated lease review was arranged before April 26 execution.

Statute

42 U.S.C. §3604; §3617; Cal. Gov. Code §12955; Cal. Civ. Code §1632.

Court/Agency

DOJ Civil Rights / Housing; HUD OIG; Fair Housing Foundation.

Persons

Hanson Le; Phat L.K. Tran.

EVENT 4.5A · April 25, 2024 · 3:52 PM · Hanson Le Requests Full Rental Application New

SMS from Hanson Le ("Property Manager") to plaintiff: "Hello Mr Gasio, Please forward to me your rental application. Thank you!" By April 25, 2024, plaintiff had been in continuous occupancy at 19235 Brynn Ct for 23 months (May 2022 onward). A rental application is the qualification instrument for a new prospective tenant — it has no function in a true renewal. The application demand contradicts the "renewal" framing in EVENTS 4.2, 4.3, 4.4, 4.10A, and is consistent only with treating the transaction as a new-tenancy creation — the frame under Cal. Civ. Code §1947.12(c)(4) that resets rent below the cap.

Statute

Cal. Civ. Code §1947.12 (rent-cap frame arbitrage); §1946.2 (just-cause survives only under renewal frame); §1572; Cal. Bus. & Prof. Code §10176(b).

Court/Agency

OC Superior Court; DRE.

Persons

Hanson Le.

EVENT 4.6 · April 18, 2024 · Broker Attends Property — Dishwasher Repair Incomplete

Hanson Le attends with handyman. Text at 5:25 PM confirms attendance. Dishwasher not repaired. Second documented failure to repair the same appliance first reported May 2022.

Statute

Cal. Civ. Code §1941.1; §1942.

Court/Agency

OC Superior Court.

Persons

Phat L.K. Tran; Hanson Le.

EVENT 4.7 · April 19, 2024 · $5,000 Wire (WF #OW00004382456864) + Owner Admission at 11:53 AM

Wire sent 11:51 AM with memo "New lease 24 one payment at 5000." Two minutes later, Phat Tran texts: "We are filling out new paper work understand one at old lease 5000 then new payment 5350." Owner acknowledges wire as a payment at the old rate for May 2024. The Move-Out Clearance Report later claims rent was only paid through May 1, 2024 — directly contradicted by this acknowledged wire — creating the "Missing Month" arithmetic discrepancy.

Statute

Cal. Civ. Code §1950.5; 18 U.S.C. §1343; PC §134.

Court/Agency

OC Superior Court; HBPD / OC DA.

Persons

Phat L.K. Tran; Hanson Le; Anna Tran Ly (post-term form preparer).

EVENT 4.8 · April 25, 2024 · 11:18 AM · "Witches Burnt Broom" Email — Comprehensive Financial Disclosure to Broker, Term-Understanding Statement, Cooperative Posture Replaced

Email subject "Witches burnt Broom" from gasio77@yahoo.com to hansonle@bhhscaprops.com, sixteen hours before Hanson Le's 4/26 9:53 AM "one year lease agreement" text (EVENT 4.10A). Four anchors:

(i) Term-understanding statement, verbatim: "I paid the payment of $5,000 last week for 5-24 there are 11 payments remain at $5,350." Expresses the operative consent baseline — 1 payment at $5,000 (May 2024 prior-lease rate) + 11 at $5,350 = 12 months total. The executed instrument carried a 13-month term. Le received the statement in writing and did not correct it before transmitting the 4/26 "one year lease agreement" confirmation.

(ii) Comprehensive financial-position disclosure (screenshots time-stamped 11:03, 11:11, 11:13 — sent 11:18): WF Premier Checking ...0732 $5,082.91; WF Platinum Savings ...2803 $4,069.89; WF Time Account ...5611 $106,786.72; WF WellsTrade ...5997 $814,024.15; Barclays Jumbo CD ...1469 $230,894.36 (5.15% APY, maturity 2/27/2025); Fidelity Fresno Unified 403(b) plan #51659 $512,829.85; FICO Score 9 (Experian, 4/20/2024) 799 "Very Good." Aggregate disclosed: approximately $1,673,687.97. Account ending 0732 is the same account that later transmitted the 6/28/2024 $5,350 wire (EVENT 8.1) — Le had the source-account identifier 64 days pre-wire.

(iii) Household and professional-standing context: Plaintiff identifies Yulia Gasio as adjunct professor at CSULB, with hyperlinks to her CSULB Academia.edu profile and her Ukrainian Institute of Modern Art "Donbas 2014-present" exhibition. Establishes (a) Yulia's status as named co-tenant with documented employment; (b) two professionals and one named LEP elder occupant in household; (c) Le's actual notice of Yulia's co-tenancy and CSULB position 62 days before her omission from the 6/21/2024 Three-Day Notice (EVENT 6.1).

(iv) Cooperative posture: Opening line "I have the forms finally" — directly responsive to EVENT 4.5A's application request 7 hours, 26 minutes earlier.

Statute

Cal. Evid. Code §1221 (adoptive admission by silence); Cal. Bus. & Prof. Code §10176(a); Cal. Civ. Code §1572; §1942.5(f)(2) (retaliatory eviction — UD filed 70 days after disclosure of solvency); 42 U.S.C. §3604; Cal. R. Prof. Conduct 3.3(a).

Court/Agency

OC Superior Court Dept. C61; DRE Pre-Complaint #1-26-0304-002; State Bar OCTC; OC DA Real Estate Fraud (anchor for inability-to-pay rebuttal); HBPD.

Persons

Hanson Le; Phat L.K. Tran; Steven D. Silverstein.

EVENT 4.9 · Pre-April 26, 2024 · Broker's Pre-Execution Renewal Texts — Contradictory Effective Dates + Bank-Account Solicitation

Multi-text renewal proposal with contradictory effective dates (May 1, 2024 vs. June 1, 2024). Critically: "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." First of two written personal-account solicitations.

Statute

Cal. Bus. & Prof. Code §10145; §10176(e) (secret profit); §10177(d); 18 U.S.C. §1343.

Court/Agency

OC Superior Court; DRE Pre-Complaint #1-26-0304-002; CFPB; FBI.

Persons

Hanson Le.

EVENT 4.10 · Pre-April 26, 2024 · Broker's Oral Threat — "Sign or He'll File Monday"

As recalled by plaintiff and memorialized in plaintiff's contemporaneous writings: Hanson Le (a) proposed the April 19 wire be re-characterized as a notice to terminate; (b) acknowledged 60-day notice requirement; (c) said owner "couldn't afford" the notice period; (d) threatened eviction filing the following Monday if new lease not signed.

Statute

Cal. Civ. Code §1567; §1569 (menace); §1572; PC §518 (extortion).

Court/Agency

OC Superior Court.

Persons

Hanson Le; Phat L.K. Tran.

EVENT 4.10A · April 26, 2024 · 9:53 AM · Hanson Le Text Misrepresents Lease Term as "One Year Lease Agreement" — Same Day as 13-Month Execution New

At 9:53 AM on April 26, 2024, hours before signatures were applied, Hanson Le SMS'd plaintiff: "Please check your email to review and sign our renewal lease agreement: — one year lease agreement — start date : 6/1/2024 — rent rate : $5,350/month." The document tendered carried §2.B termination date 06/30/2025 at 11 AM — a 13-month term. Plaintiff's 4/25 "Witches Burnt Broom" email (EVENT 4.8) — "11 payments remain at $5,350" — proves the 12-month understanding was held at execution. The discrepancy between represented term and executed term goes to the heart of consent.

Statute

Cal. Civ. Code §1572; §1567; §1709; §1710(1); Cal. Bus. & Prof. Code §10176(a); §10176(i).

Court/Agency

OC Superior Court (rescission predicate); DRE Pre-Complaint #1-26-0304-002.

Persons

Hanson Le; Phat L.K. Tran (ratified by signing 13-month instrument).

EVENT 4.11 · April 26, 2024 · New 13-Month Lease Executed Under Duress (Envelope 46CC8725) Expanded

C.A.R. Form RLMM Revised 12/23. DocuSign envelope titled "Revised renewal lease agreement" — contents are a new contract. Authentisign ID 46CC8725-F703-EF11-96F5-6045BDD68161. Form date 04/26/2024; signatures applied 04/27/2024 (Michael Gasio, Phat Tran) and 04/28/2024 (Yulia Gasio). Tetyana Zvyagintseva (named §1.B resident) did not initial or sign. Owner at trial acknowledged tenants "did not want to sign the lease." Documentary defects on the face of the executed instrument:

(a) Payment routing to broker's personal account (§3.D.1): "BANK: WELLS FARGO, NAME: HANSON LE, ACCOUNT #: 3312943297." Not a broker trust account.

(b) Rent-delivery name/phone/address fields blank (§3.D.2) — statutory disclosure of payment-receipt destination unsatisfied on the face.

(c) Security-deposit destination box unchecked (§4.A) — neither "Owner of the Premises" nor "Owner's Broker's trust account" selected.

(d) Move-In Costs ledger (§5): records $6,375 in deposits Payment Received ($5,000 security + $375 keys/garage + $1,000 pet), Payable To "Owner." Anchor for the move-out fraud analysis at EVENT 9.2.

(e) Internal agency-disclosure contradiction: §41.A names BHHS California Lic. #01208606 with "Housing Provider" agent box only. §41.B 1-year+ disclosure box unchecked despite 13-month term that triggers AD disclosure under §2079.16. Page 9 Real Estate Brokers Section lists the same brokerage on both Tenant and Housing Provider sides — implicit dual representation, undisclosed.

(f) Foreign-language translation (§§43, 49): §49 Interpreter/Translator box unchecked despite Le's pre-execution written acknowledgement of Tetyana Zvyagintseva as LEP (EVENT 4.5).

(g) Named §1.B occupant did not sign or initial: only MAG, YG, PKT initials present. Tetyana Zvyagintseva named but not bound and not provided translated review.

(h) Brokerage address inconsistency: cover identifies brokerage at "18000 Studebaker Rd, Ste 600 Huntington Beach CA 90703" — Studebaker Rd is in Bellflower. Pages 7 and 9 correctly state "5848 Edinger Ave, Huntington Beach, CA 92649." Discrepancy on a single instrument.

(i) Authentisign metadata anchor: Envelope ID is the subpoena target for Lone Wolf / Authentisign audit trail (timestamps, IPs, geolocation, viewer log, version history). Subpoena queued.

Other defects: no 30-day rent-increase notice under §827; no 60-day termination notice; +7% rent increase; LEP-occupant non-translation; Berkshire Hathaway corporate name stamped on the lease.

Statute

Cal. Civ. Code §§1567, 1569, 1572; §827; §1632; §§1946.1, 1946.2; §2079.16; Cal. Bus. & Prof. Code §10145; §10176(d); 42 U.S.C. §3604; Cal. Gov. Code §12955.

Court/Agency

OC Superior Court; DRE Pre-Complaint #1-26-0304-002; DOJ Civil Rights; HUD OIG; Authentisign / Lone Wolf (subpoena pending).

Persons

Phat L.K. Tran; Hanson Le; supervisory liability Sandoval / Rosas / Tonti.

EVENT 4.12 · April 26, 2024 · Same-Day Second Solicitation — "To Me Instead of to the Owner"

Same day as lease execution, Hanson Le texts: "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." Second written solicitation. Combined with the lease designating WF #3312943297 in his personal name, creates a documented pattern of intentional personal-account rent diversion.

Statute

Cal. Bus. & Prof. Code §10145; §10176; 18 U.S.C. §1344; 18 U.S.C. §1343.

Court/Agency

DRE; CFPB; FBI; OC DA.

Persons

Hanson Le.

EVENT 4.13 · April 26, 2024 · Plaintiff Raises $7,350 Unaccounted Deposits in Writing — No Response

Same day — plaintiff texts Le: "You do not show the $6,000 deposit the $1,000 for the pet the $350 for the keys on the contract will we be receiving that back or getting credit in writing." Broker pivots to asking plaintiff's bank — never addresses the deposit question.

Statute

Cal. Civ. Code §1950.5(g)(1); §1950.5(l).

Court/Agency

OC Superior Court.

Persons

Hanson Le; Phat L.K. Tran.

EVENT 5.1 · May 13, 2024 · Hanson Le Withdraws Without Warning, 12 Days Into Lease

3:50 PM text: "I am no longer handling or managing this property from today 5/13/24." Simultaneously, DRE records confirm his Springdale Marina Inc. / BHHS corporate affiliation also detached on the same calendar date. Le withdraws without resolving the dishwasher he committed in writing to replace.

Statute

Cal. Bus. & Prof. Code §10145 (trust-fund duty survives withdrawal); §10176; §10177; breach of fiduciary duty.

Court/Agency

OC Superior Court; DRE.

Persons

Hanson Le; Angie Sandoval; Dennis Rosas.

EVENT 5.2 · May 13, 2024 · BHHS Affiliation Detachment Same Day as Withdrawal

Le's DRE corporate brokerage authority through Springdale Marina Inc. / BHHS detached 5/13/2024 — the same day as his property-management withdrawal text. By the time the cashier's check arrived 5/30 at the BHHS office, Le held no corporate brokerage authority through that licensee. The check was made payable to BHHS as a corporate payee.

Statute

Cal. Bus. & Prof. Code §10145; §10131; conversion of trust funds.

Court/Agency

DRE; FBI; CFPB.

Persons

Hanson Le; Angie Sandoval; Dennis Rosas.

EVENT 5.3 · May 15, 2024 · Tenant Purchases Replacement Dishwasher — $1,011.52 (Home Depot)

Home Depot order total $1,011.52 — exercise of Cal. Civ. Code §1942 repair-and-deduct. Dishwasher first reported broken March 5 (10+ weeks earlier). Cost documented by order confirmation.

Statute

Cal. Civ. Code §1942 (lawful remedy).

Court/Agency

OC Superior Court — establishes lawfulness of reduced tender.

Persons

N/A — tenant's lawful remedy.

EVENT 5.4 · May 28, 2024 · Cashier's Check $4,338.48 Obtained — Payable to BHHS

WF cashier's check: $5,350 rent − $1,011.52 §1942 deduction = $4,338.48. Mailed USPS Certified in four 1-lb packages to BHHS, Huntington Beach. Home Depot invoice included as documentation.

Statute

Cal. Code Civ. Proc. §1161 (cure tender — lawful net rent); Cal. Civ. Code §1942.

Court/Agency

OC Superior Court — acknowledged in Minute Order Doc. ID 74522578.

Persons

N/A — tenant's lawful cure tender.

EVENT 5.5 · May 30, 2024 · USPS #9534914882764149935944 Delivered — Signed "H H"

Delivery confirmed 3:43 PM, ZIP 92649 (BHHS, 5848 Edinger Ave). "Delivered, Left with Individual." Signed "H H." Check payable to corporate BHHS — could only be applied through corporate brokerage accounting. Never deposited, never credited, never returned with explanation. Pre-notice tender: this delivery preceded the 6/21/2024 Three-Day Notice by 22 days; there was no active cure window at the time of tender because no notice existed. The notice was facially false from issuance.

Statute

Cal. Civ. Code §1942; CCP §1161 (cure perfected pre-notice); 18 U.S.C. §1341 (knowing concealment of tendered instrument); 18 U.S.C. §1708 (theft / receipt of mail).

Court/Agency

OC Superior Court; USPIS; FBI; OC DA.

Persons

Hanson Le (signatory "H H" inference); Angie Sandoval (Branch Manager actual notice); BHHS corporate.

EVENT 6.1 · June 21, 2024 · Three-Day Notice Served — Multiple Statutory Defects Expanded

Notice taped to front door, Friday evening. Confirmed by the face of the instrument (screen-captured copy of record):

Form: "3 DAY NOTICE TO PAY RENT OR QUIT." To: "MICHAEL GASIO ; DOES 1 TO 5." Property: "19235 BRYNN COURT, HUNTINGTON BEACH, CA 92648." Amount: $5,350.00 for "June 1st, 2024 to June 30th, 2024." Dated: 6/21/2024. Payee: "PHAT TRAN c/o WELLS FARGO BANK ACCT #1005959166." Delivery point: "WELLS FARGO BANK, 19840 Beach Blvd., Huntington Beach, CA 92648." Phone: "(714) 390-2044." Signature: typed only "PHAT L.K. TRAN" — no handwritten signature anywhere on the instrument.

Account mismatch: WF #1005959166 (Phat Tran's personal) — not the WF #3312943297 designated by the 2024 lease. Neither is a broker trust account; the notice's selection unilaterally redirects from the lease's payment route.

No handwritten signature: the Harman companion notice bears Silverstein's handwritten signature; the Gasio notice bears none.

Failure to name known residents: Yulia Gasio (named lease co-tenant, CSULB adjunct professor disclosed to broker 4/25 — EVENT 4.8) is not named. Tetyana Zvyagintseva (named §1.B resident, LEP, 65+, disclosed in writing 4/2024 — EVENT 4.5) is not named. "DOES 1 TO 5" placeholder cannot substitute for known named adult occupants. Independent §1161 / §1162 defect.

Bank-branch delivery as personal-account funnel: notice channels rent directly to a public WF retail branch for deposit to a personal account — bypassing both broker trust-fund and the lease-designated payment route. Same account (#1005959166) used since 4/26/2022 (EVENT 2.5) and the 6/28/2024 wire (EVENT 8.1). Formalizes a 26-month-continuous personal-account routing pattern.

English-only service to LEP household: no translated companion notice.

Tender pre-existing: $4,338.48 cashier's check (EVENT 5.5) had been delivered to BHHS 22 days before the notice issued. The notice demands full gross rent as if no tender had occurred.

Statute

CCP §1161 (facial non-conformity — wrong payment account); §1162 (service to named adult occupants); PC §134 (false instrument); §1942.5(f)(2) (retaliatory eviction — habitability complaints within 180 days); 42 U.S.C. §3604; Cal. Gov. Code §12955; 18 U.S.C. §1341; 18 U.S.C. §1344 (sustained bank-fraud predicate); Cal. R. Prof. Conduct 3.3(a) (counsel's candor duty).

Court/Agency

OC Superior Court (Dept. C61); OC DA Real Estate Fraud / General Intake; HBPD; USPIS; DOJ Civil Rights.

Persons

Steven D. Silverstein (preparer and server); Phat L.K. Tran (authorizing party); Anna Tran Ly (DocuSign structural-fingerprint analysis — instrument authorship page).

EVENT 6.2 · June 21, 2024 · Notice Served While Cashier's Check Sat Uncashed at BHHS for 22 Days

The cure tender (5/30 cashier's check, EVENT 5.5) had been delivered 22 days before the notice was served. The notice demands full gross rent as if no tender had occurred. The Harman comparison: the companion landlord-signed copy of the Three-Day Notice in the Harman case bears Silverstein's signature; the Gasio notice bears no handwritten signature.

Statute

PC §134 (false-allegation instrument); Cal. R. Prof. Conduct 3.3(a).

Court/Agency

OC DA; State Bar OCTC; HBPD.

Persons

Steven D. Silverstein; Phat L.K. Tran; Hanson Le (concealed the check from owner per owner's own 6/22 admission, EVENT 7.1).

EVENT 7.1 · June 22, 2024 · Owner's Written Admission — Four Points Against Interest

SMS from Phat Tran within the cure window: (1) "sorry I did nt know you did pay your rent to the Hanson account" — owner did not know rent was received; (2) "I just texted him to find out" — no accounting from broker to owner; (3) "Hanson told me that you did nt want to sign the new lease" — broker gave owner false report about tenant consent; (4) "and I dont [re]ceive the payment so I sent…" — Notice was based on broker's false report. Plaintiff reasonably believed matter was resolved within the cure window. UD filed 11 days later anyway.

Statute

Cal. Bus. & Prof. Code §10145; §10176; PC §134; Cal. R. Prof. Conduct 3.3.

Court/Agency

OC Superior Court; DRE; State Bar OCTC; OC DA.

Persons

Phat L.K. Tran (author of admission); Hanson Le; Steven D. Silverstein (filed UD 11 days later without disclosing admission).

EVENT 7.2 · June 25, 2024 · Direct Notice to Branch Manager Angie Sandoval — 8 Days Pre-Filing

5:55–6:02 PM — seven text messages to (714) 600-7741 (personal cell of Angie Sandoval, BHHS Branch Manager, DRE #01130478): image of demand letter; HBPD notice language re BHHS name stamped on lease; ~$5,000 in broker custody. Sandoval placed on actual notice pre-filing.

Statute

Cal. Bus. & Prof. Code §10145; §10159.2 (supervisory duty); Cal. R. Prof. Conduct 3.3.

Court/Agency

DRE; OC Superior Court.

Persons

Angie Sandoval; Dennis Rosas.

EVENT 8.1 · June 28, 2024 · Off-Contract Wire $5,350 to Tran — "Unknown Contract July 27 of 37"

WF Confirmation #OW00004652829145, memo: "Unknown Contract for July payment 27 of 37 on contracts." Wire from plaintiff's WF Premier Checking ...0732 (the same account disclosed to Le 4/25/2024, EVENT 4.8) to WF #1005959166 (Phat Tran's personal). Sent at 2:00 PM PT WF same-day cutoff; available balance at transmission $10,331.12.

Statute

18 U.S.C. §1343; 18 U.S.C. §1344; Cal. Civ. Code §1950.5.

Court/Agency

OC Superior Court; FBI / IC3; OC DA.

Persons

Phat L.K. Tran; Steven D. Silverstein (subsequent representations).

EVENT 8.2 · June 28 – July 3, 2024 · Tran Retains $5,350 Across Full Statutory Window; Declines Four Same-Bank Electronic Return Mechanisms; UD Filed on Day Window Expires; Silverstein on Direct Notice 7/9/2024 New

From receipt on 6/28, Tran had four electronic return mechanisms available at zero cost and same-day execution at the same Wells Fargo branch infrastructure he himself designated on the 6/21 Three-Day Notice (EVENT 6.1):

• (i) Zelle — instant same-bank return between enrolled WF customers, zero fee;
• (ii) WF-to-WF internal transfer — instant, zero fee;
• (iii) Wire reversal — same-day customer-service reversal request;
• (iv) In-branch reversal at 19840 Beach Blvd. — teller-initiated same-day reversal at the same branch designated on the 3-Day Notice.

Tran selected none. By close of business Wednesday, July 3, 2024, the three-business-day handling window (BPC §10145 by quasi-broker / unlicensed-recipient theory) had expired: 6/29 Sat / 6/30 Sun excluded; 7/1 Mon = day 1; 7/2 Tue = day 2; 7/3 Wed = day 3. On the same calendar day, Silverstein filed the UD complaint (EVENT 8.3). On July 9, 2024 at 10:08 AM, plaintiff transmitted a written notice email from gasio77@yahoo.com to HBPD (Det. Shawn Randell), FBI (hnguyen2@fbi.gov), OC DA (daoffice@ocdapa.org), cc: Silverstein Eviction Law (clerk@stevendsilverstein.com), bcc: DOJ Criminal Fraud Section (criminal.fraud@usdoj.gov) and Yulia Gasio. The email embedded the WF Review Transfer record and the §10145 / §10130 analysis. The funds were never electronically returned. Tran subsequently represented to the court (through Silverstein) that a refund had been mailed; USPS produced no proof of mailing.

Statute

Cal. Bus. & Prof. Code §10145; §10130; §10131; PC §484 / §532; §487 (grand theft — amount exceeds $950); §118 (perjury, if sworn); 18 U.S.C. §1343; §1344; Cal. R. Prof. Conduct 3.3(a); 8.4(c).

Court/Agency

OC Superior Court Dept. C61; OC DA Real Estate Fraud (notice 7/9/2024); HBPD (Det. Randell notice 7/9/2024); FBI / IC3 (notice 7/9/2024); DOJ Criminal Fraud Section (notice 7/9/2024 bcc); State Bar OCTC; DRE; USPIS.

Persons

Phat L.K. Tran; Steven D. Silverstein; Hanson Le.

EVENT 8.2A · July 10, 2024 · HBPD Investigation Activated — Det. Randell Requests Executed Contract Within 24 Hours of Multi-Agency Notice New

Within 24 hours of plaintiff's 7/9/2024 multi-agency notice (EVENT 8.2), HBPD opened evidentiary intake. Plaintiff's Yahoo draft archive (screen-captured 2/18/2025) preserves the document-request thread under subject "Police want to known Do you have a copy of the contract," dated 7/10/2024, originating from "Erin Morris" and forwarded by plaintiff. The request — from law enforcement — for a copy of the executed 2024 lease establishes that HBPD treated the 7/9 notice as a viable criminal-referral predicate and initiated independent documentary collection within one business day. Plaintiff thereafter maintained a continuous draft-and-send communication chain through 2/18/2025 with Det. Shawn Randell, HBPD; Cuchilla, Jessica; Erin Morris; and Yulia Gasio under subject threads including "Did you take this to court? a Counterfeit contract using Identity" (Jan 23) and "Counterfeiting and Fraud with 'help of AI only' No lawyer never l[icensed]" (2/18 same-day draft). The continuity establishes that law-enforcement engagement on this matter has been active and bilateral since 7/10/2024 — not abandoned, not closed.

Statute

Evidentiary anchor — investigation-activation timeline; Cal. Pen. Code §134 (false instrument — predicate basis for HBPD inquiry); §470 (forgery — frame raised in subsequent thread "Counterfeit contract using Identity").

Court/Agency

HBPD (Det. Shawn Randell — active intake); OC DA Real Estate Fraud (parallel notice 7/9/2024); State Bar OCTC.

Persons

Phat L.K. Tran; Steven D. Silverstein; Hanson Le (subject of subsequent Fifth Amendment invocation, EVENT 10.4).

EVENT 8.3 · July 3, 2024 · UD Complaint Filed — After Cure-Window Admission Received and on Day §10145 Window Expired Renumbered

UD filed in OC Superior Court Dept. C61, 11 days after owner's written admission that the notice was based on broker's false report (EVENT 7.1), and on the same calendar day the BPC §10145 retention window expired (EVENT 8.2). Filed by Silverstein Eviction Law. Owner's cure-window admission not disclosed to the Court. The 6/28 wire not disclosed to the Court.

Statute

Cal. R. Prof. Conduct 3.3(a); 8.4(c); PC §134; 18 U.S.C. §1341 (use of courts in scheme).

Court/Agency

OC Superior Court; State Bar OCTC; OC DA; HBPD.

Persons

Steven D. Silverstein; Phat L.K. Tran.

EVENT 8.4 · July 2024 · Cashier's Check #0084412016 — Jointly Payable to Tran and Silverstein — Memo "DUPLICATE" — Cashed New

After the 6/28/2024 wire was accepted but represented to the court as refunded by mail without USPS proof, plaintiff issued a second payment under protest: WF cashier's check #0084412016, jointly payable to Phat L.K. Tran and Steven D. Silverstein, Esq., memo line marked "DUPLICATE." Instrument was negotiated and cleared. This is the instrument to which Silverstein's trial question "did you cash the check?" referred — the July 2024 rent payment, not the security deposit and not the 5/30 cure tender. The joint-payee structure placed counsel within the chain of funds custody and converts the "mailed refund" representation into a directly testable record.

Statute

Cal. R. Prof. Conduct 1.15 (handling of funds counsel has interest in); 3.3(a); Cal. Civ. Code §1950.5; 18 U.S.C. §1344; PC §484 / §532; Cal. Bus. & Prof. Code §6068(d).

Court/Agency

OC Superior Court; State Bar OCTC; OC DA Real Estate Fraud; FBI.

Persons

Phat L.K. Tran; Steven D. Silverstein.

EVENT 9.0 · July 18, 2024 · Plaintiff Designates Yulia Gasio as Communication Authority — Rosiak ADA / RPC 1.4(a)(3) Anchor Exhibit Only New

On July 18, 2024, plaintiff transmitted a written designation establishing Yulia Gasio as communication authority for the matter, on disability/medical grounds. The designation is preserved as a historical evidentiary exhibit relating to defense counsel Richard J. Rosiak's later duty of communication under RPC 1.4(a)(3) and ADA reasonable-accommodation obligations. It does not reflect current operating reality — plaintiff Michael Gasio is the current direct contact (gasio77@yahoo.com). Offered for the limited purpose of establishing the communication-authority record at the time of Rosiak's January 10, 2025 mailbox-deposit withdrawal letter (EVENT 10.1).

Statute

Cal. R. Prof. Conduct 1.4(a)(3); 1.16(d); 42 U.S.C. §12132 (ADA Title II by extension); Cal. Bus. & Prof. Code §6068(m).

Court/Agency

State Bar OCTC (Rosiak file, Examiner Devin Urbany).

Persons

Richard J. Rosiak (subject of exhibit; under formal review, no finding has been made).

EVENT 9.1 · July 27, 2024 · City of Huntington Beach Inspector Confirms No Pet Damage

City inspector visits 7/27/2024 — 18 days before the Ly Construction invoice is dated. Inspector confirms no pet damage and clean carpets. Establishes the fabrication sequence.

Statute

Foundational — fabrication sequence anchor.

Court/Agency

OC Superior Court; OC DA; HBPD; CSLB.

Persons

Phat L.K. Tran; David Ly; Anna Tran Ly.

EVENT 9.2 · August 5, 2024 · Move-Out Clearance Report Executed (DocuSign F5D247C2) — Anna Ly Signing 17 Months After Her Own Written Termination of Agency

Move-Out Report executed by Anna Tran Ly. Ly had written 3/18/2023: "I no longer work for Phat Tran." She reappears as signatory 17 months later to execute a deduction instrument against the same tenants. Total charges claimed: $20,923. Claims include:

• "Rent Owed" $10,833 — the "Missing Month" contradiction (4/19/2024 $5,000 wire and 6/28/2024 $5,350 wire both documented but not credited).
• "Replace carpet due to dog pee bad smell" $7,835 — city inspector confirmed no pet damage 18 days earlier (EVENT 9.1). Note $2 discrepancy against Ly Construction Invoice #2412 ($7,837, EVENT 9.3) — instrument-level inconsistency.
• "Front door lock" $250.
• "Attorney Fees" $2,005 — not enumerated in Cal. Civ. Code §1950.5(b) closed list.

Net claimed against tenants: $14,548 after netting $6,375 in deposit credits — the same $6,375 acknowledged "Payment Received" on the executed 4/26/2024 lease (EVENT 4.11(d)).

Statute

Cal. Civ. Code §1950.5(b); §1950.5(g)(2); §1950.5(l) (bad-faith retention — 2× $6,375 = $12,750 statutory + actual); §2355 (agent acting after termination of agency); Cal. Bus. & Prof. Code §10176; PC §134; §115.

Court/Agency

OC Superior Court; DRE #1-24-0513-010; State Bar OCTC; OC DA; HBPD.

Persons

Anna Tran Ly (signatory acting without current agency authority); Phat L.K. Tran (directing party); Steven D. Silverstein (distributed form template; $2,005 attorney fees line on publicly-distributed DocuSign template).

EVENT 9.3 · August 14, 2024 · Ly Construction Invoice #2412 — Post-Inspection / Post-Move-Out Completed

Invoice dated August 14, 2024 — 9 days after plaintiff vacated (8/5/2024) and 18 days after the City of Huntington Beach inspector confirmed no pet damage and clean carpets (7/27/2024). Invoice amount $7,837. CSLB #1068334, B-General, sole ownership: David Ly. Invoice claims labor-hours that exceed working-day capacity within the documented window (time-and-labor impossibility on the face of the instrument). No pre-work photographs, no waste-haul receipts, no carpet-supplier invoice attached. Issued after the only neutral inspection in the record had documented the opposite condition.

Statute

PC §115 (offering false instrument for filing/use); §134 (preparing false instrument with intent to deceive); Cal. Bus. & Prof. Code §7160 (false contractor invoice); §7090 (CSLB discipline); Cal. Civ. Code §1572; §1950.5(g)(2).

Court/Agency

OC Superior Court; CSLB; OC DA Real Estate Fraud; HBPD.

Persons

David Ly; Phat L.K. Tran (directing party); Anna Tran Ly (incorporated invoice into Move-Out Clearance Report).

EVENT 10.1 · January 10, 2025 (Friday) · Rosiak Withdrawal Letter to Mailbox — 3 Calendar Days Pre-Trial New

Defense counsel Richard J. Rosiak (CA Bar #141430, sole principal marketing as "Richard J. Rosiak & Associates") deposited withdrawal communication to plaintiff's mailbox on a Friday for a Monday 1/13/2025 trial setting — three calendar days, two of them weekend, zero business days to substitute counsel.

Statute

Cal. R. Prof. Conduct 1.16(d) (withdrawal must avoid foreseeable prejudice); 1.4(a)(3); Cal. Bus. & Prof. Code §17500 / RPC 7.1 (false/misleading firm name — sole-principal practice marketed as "& Associates").

Court/Agency

State Bar OCTC — Under Formal Review by California State Bar Enforcement Division, Examiner Devin Urbany, no finding has been made.

Persons

Richard J. Rosiak.

EVENT 10.2 · January 13, 2025 · Rosiak No-Show at Trial Call New

Defense counsel did not appear.

Statute

RPC 1.3 (diligence); Cal. Bus. & Prof. Code §6068(c)–(d).

Court/Agency

State Bar OCTC.

Persons

Richard J. Rosiak.

EVENT 10.3 · January 27, 2025 · Plaintiff's First Substantive Pro Se Appearance New

Case continued through April 2025 with plaintiff pro se. Establishes the §1.4(a)(3) communication-failure window without conflation with the historical 7/18/2024 communication authority transfer to Yulia Gasio (EVENT 9.0 — exhibit only; Michael Gasio is current direct contact).

Statute

Evidentiary — pro se timeline anchor.

Court/Agency

OC Superior Court Dept. C61.

Persons

N/A.

EVENT 10.4 · January 2026 · Hanson Le Invokes Fifth Amendment During HBPD Interview New

During HBPD interview connected to the active investigation activated 7/10/2024 (EVENT 8.2A), Hanson Le invoked his Fifth Amendment privilege against self-incrimination. The invocation does not establish guilt but does establish that Le, on advice of counsel or own judgment, considered substantive answers about the 2024 lease, the rent-routing pattern, the 5/30 cashier's check, and the 5/13 withdrawal to carry criminal exposure.

Statute

U.S. Const. amend. V; Cal. Evid. Code §940; civil-context adverse inference (Doe v. Glanzer); BPC §10145; §10176; §10177.

Court/Agency

HBPD; OC DA; DRE Pre-Complaint #1-26-0304-002 (Macias intake, SSI Jerusha White).

Persons

Hanson Tri Le.

EVENT 10.5 · October 2025 · Phat L.K. Tran Conveys 20012 Sand Dune Lane to Smart Invest HB LLC (CA SOS #B20250360378) New

Transfer occurred during active multi-agency referral phase. The transferee entity is controlled by Phat L.K. Tran. Badges of fraud present under §3439.04(a)(1)–(2): insider transferee, retention of possession/control inference, timing relative to known claims, suit pending or threatened, insufficient consideration. The conveyance occurred while the criminal referral campaign was active and after Le's January 2026 Fifth Amendment invocation (chronologically by referral activity, though the LLC formed earlier in 2025).

Statute

Cal. Civ. Code §3439.04(a)(1) (intent to hinder, delay, or defraud creditor); §3439.04(a)(2) (insufficient consideration / insolvency badges); §3439.05 (constructive fraud); §3439.07 (remedies).

Court/Agency

OC Superior Court (UVTA action); OC DA; FTB.

Persons

Phat L.K. Tran; Smart Invest HB LLC.