Mental Health, Medical Crisis & Incapacity — Causal Impact of Fraud & Eviction Scheme

This section establishes that Michael Gasio was medically, psychologically, and legally incapacitated during the period in which Phat Tran, Hanson Le, Berkshire Hathaway agents, and attorney Richard Rosiak carried out actions involving:

fraudulent rent demands outside the contract
threat-induced payments to private accounts
coercion, intimidation, and vehicular assault threats
abandonment by retained counsel immediately before trial
failure to notify spouse (co-tenant) of court hearings
misrepresentation of payment status to spouse, causing marital collapse

The evidence demonstrates that Mr. Gasio was not legally of sound mind during critical legal events due to:

cardiac arrhythmia episodes
stress-induced hypertension and panic attacks
recent cardiac monitoring ordered same day he met agent Hanson Le
extreme psychological pressure, marital breakdown, and confusion
high-dose Lexapro and additional medications impairing decision-making

California law recognizes incapacity when medical or psychological conditions impair a party’s ability to understand proceedings or defend themselves (Cal. Prob. Code §811, CCP §473(b)). The following documentation supports incapacity at the time of all material events.

1. Cardiac Crisis, Medical Vulnerability and Mental Health Deteriation During Key Events

Severe stress and anxity July 9, 2024 after 3 day notice and owner fraud to Sheriffs office and court

Notice to owner medicaly impared from your actions against us will have Dr read this in criminal court to jury

On April 2024, two hours before meeting Berkshire agent Hanson Le inside the home, Michael’s new cardiologist placed him on a heart monitor due to alarming arrhythmia and blood-pressure instability he prescribes a new medication.

Cardiology records and visit logs confirming arrhythmia, panic attacks, and medical vulnerability.

Apr 18 Heart Monitor Applied 24/7 10 Days

Medical evidence of cardiology intervention immediately before coercive lease/signature events.

Legal relevance: A party placed on cardiac monitoring the same day as coercive real estate negotiations and threats is medically incapable of voluntary, knowing consent under California contract law.

2. Psychological Breakdown Documented by Licensed Professionals

The PDF (Mar. 5, 2025) from a licensed clinician documents:

extreme stress
physiological breakdowns
emotional dysregulation
marital collapse due to false narratives (“you did not pay rent”)
resentment, panic, and cognitive overload

Clinician analysis describing crushing psychological pressure, trauma, and impaired functioning resulting from legal instability, accusations, and overwhelming stress. :contentReference[oaicite:0]{index=0}

3. Wife Was Abroad in Ireland — No Communication, No Notice

During the fraudulent eviction sequence, Michael’s wife was in Ireland. The owner failed to notify her or include her, causing her later to believe “you forgot to pay the rent,” triggering marital breakdown.

Medical relationship upheaval documents—confirms spouse not present and overwhelmed.

4. Abandonment by Attorney Rosiak Caused Collapse & Incapacity

Attorney Richard J. Rosiak took $8,000, then abandoned representation days before trial, sent an unsigned withdrawal letter, failed to notify the spouse, and left a senior and medically fragile client to stand alone.

Attorney who abandoned client despite knowledge of medical vulnerability.

Email showing wife's takeover of communications due to Michael’s mental/physical state.

Court filings listing Michael as Pro Se due to Rosiak's abandonment.

5. Primary Care & Behavioral Health Records Confirm Impaired Cognitive Functioning

Primary care doctor (Dr. Wasbin) and cardiologist (Dr. Chesnie) confirm ongoing treatment for:

panic attacks
hypertension
arrhythmia impacting cognition
stress-induced medical deterioration

Mental health treatment authorizations and Octave therapy records.

6. Community Medical Providers Letter Confirms History of Panic & Arrhythmia

7. Stress-Induced Relationship & Cognitive Breakdown (Direct Causal Harm)

The fraudulent eviction caused Michael’s wife to believe he had failed to pay rent even though the payment was made legally to Wells Fargo and later extorted into a private account. This created:

marital crisis
isolation of the senior tenant
psychological collapse
loss of family support
disrupted decision‑making

Clinical evidence showing deteriorating home environment and emotional distress.

Legal Conclusion

Based on the medical, psychological, and clinical documentation, Michael Gasio lacked the capacity to defend himself or make informed decisions during the period of fraudulent eviction activities, contract coercion, attorney abandonment, and landlord intimidation.

Under California law, actions taken against an incapacitated party—especially a senior with a diagnosed cardiac and psychological vulnerability—are subject to:

voiding of legal actions (eviction, contracts, payments)
elder abuse penalties (W&I Code §15610)
civil penalties for coercion, fraud, and duress
criminal charges for extortion (PC §518‑520)
ADA / Fair Housing violations for ignoring medical disability status

Mental Health Incapacity, Medical Crisis & Coercive Harm Resulting From Fraudulent Eviction Scheme