DA40 – Comprehensive Damages and Losses

Michael A. Gasio vs. Phat Tran D.M.D. and Related Parties

Prepared for submission to the Orange County District Attorney and court review as part of a formal claim of unlawful eviction, contract fraud, and associated economic, emotional, and statutory damages.

Claim Summary

Between 2022 and 2025, the plaintiff endured a coordinated real estate fraud involving misrepresented lease terms, forced eviction despite payment, retaliatory conduct after rent control complaints, and loss of an in-home professional art studio. This submission documents all categories of quantifiable damages, tied to evidence files and supporting case law.

Total Damages Claimed (with 10-Year Studio Loss):
Base Damages: $314,760.21
+ 10-Year Studio Loss Compensation: $90,000
+ Senior Tenant Enhancements (10%): $40,476.02
→ Grand Total: $445,236.23

Itemized Damages Table

Category Description Amount Basis / Notes
Unlawful Eviction Rent paid but tenancy terminated via fraudulent 3-day notice. $7,500 Wells Fargo + USPS proof of April–June payments
Moving + Relocation Forced move from 2000sf to 1600sf + moving/storage/truck $6,000 Receipts, timeline, testimony
Studio Loss Artist studio loss (500 sf @ $750/mo × 12 mo × 10 years) $90,000 Comparable spaces in Orange County (OCAC, Zillow)
Mold Exposure 15% rent credit × 30 months $22,500 Mold inspector report, Surf City records
Medical + Mental Health Cardiology, therapy for stress/marital collapse $27,590 Lexapro, monitor, therapy invoices
Depreciation Fraud Carpet/floor deduction falsely claimed $3,000 Before/after photos + repair logs
Storage Loss / Property Dumped Discarded due to downsizing $9,000 Inventory logs, value calc
Hidden Rent Payments April–July checks concealed by landlord and agent $10,700 Email + text admission (Hanson / Tran)
Emotional Distress Lexapro use, cardiac episodes, eviction trauma $50,000 Medical documents, family testimony
Barclays Expenses Documented expenses via credit $2,800 Statements show rent, boxes, mileage
Senior Enhancement (10%) WIC § 15610.30 supports increased damages $40,476.02 Proof of age, lease protections violated
Total $445,236.23 Not including punitive multiplier

Conclusion

This damages table is fully supported by embedded images, contracts, receipts, lease amendments, and screenshots previously submitted in DA Pages 1–39. Punitive damages are sought under Civil Code §3345 due to senior tenant targeting, bad faith actions, and premeditated concealment of lease terms and rent increases. The landlord maintained 3 overlapping shell corporations and diverted payment through personal accounts outside of contract obligations. The studio loss, in particular, represents a profoun...

Respectfully submitted,
Michael Andrew Gasio
Pro Se Defendant