In court testimony presented by attorney David D. Silverstein, Dr. Phat Tran admitted under questioning that:
He personally sent a text message to agent Hanson Le acknowledging receipt of the rent check at Berkshire Hathaway’s office.
The physical check was signed for and received at the Berkshire Hathaway place of employment by authorized staff — confirmed through USPS certified receipt and internal record tracking.
Despite these records, Tran later told the court the check was a “missing June payment” returned late, when in fact USPS tracking shows it was never returned and remains uncashed — constituting fraud on the court and double billing of over $10,000 in rent.
Text Message Admission — Phat Tran to Tenant
“Mr. Gasio, here is your receipt for paying the June rent early to Berkshire and Hanson Le. He got it.”
This message confirms that payment for June rent was received early and acknowledged by owner prior to any eviction.
It eliminates any claim of nonpayment for the period in question.
Postal Confirmation — Certified Check Delivery
The USPS certified tracking records confirm delivery to Berkshire Hathaway’s office. The certified tracking number is recorded as:
Arrival confirmed: signature "H"
Wire Transfers and Duplicate Payments
Bank documentation shows corresponding wire transfers and check instruments for June and July 2024:
April 19, 2024 — $5,000 payment marked “New lease 24 one payment at 5000.”
June 28, 2024 — $5,350 payment labeled “Payment 27 of 37 July contract.”
Despite these records, KY-Phat Tran and counsel misrepresented the July wire as the “missing June” payment in court, concealing the existence of the earlier received and acknowledged check. This resulted in duplicate billing of the same rent period July.
Replaced the dog pee carpets $7,900 Anna Ly
Before
Owner Admission of Misunderstanding
“Hi Michael, sorry I did not know you did pay your rent to the Hanson account, I just texted him to find out.”
This confirms that even the owner acknowledged confusion caused by Hanson’s handling of funds, validating the claim that the payments were misrouted and hidden from the formal lease record.
Fraud Pattern and Legal Breach
Defendant paid all rent in full and early, confirmed via text, bank, and postal records.
Dr. Tran’s false representation of a “missing June payment” despite certified proof of delivery constitutes fraud on the court.
Double billing for June and July 2024 exceeds $10,000, violating Cal. Civ. Code §1942.5 and Cal. Penal Code §484.
Pattern of concealment coordinated with Berkshire Hathaway agent Hanson Le supports RICO predicate acts under 18 U.S.C. §1341 (mail fraud) and 18 U.S.C. §1343 (wire fraud).
