Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-08-2013, 12:04 PM
 
Location: Business ethics is an oxymoron.
2,347 posts, read 3,322,224 times
Reputation: 5382

Advertisements

I can't go into too many details because I'm still getting my ducks in a row, but maybe someone can answer me.

I am about to sue someone for a shoddy home improvement job. I believe I have a rock solid case. But what I want to know is. Even if I seek strictly compensatory and not punitive damages, once the [provable] charges come to light, could or would the State or local agencies decide to pile on their own charges?

I am only seeking <$10k in actual damages (though the law says I can technically go for 3x that amount if I wanted. I am however not looking to get rich, only what's rightly owed.)

However, if and when this goes to trial, the following will come out in addition to actual damages that I can already prove:

  • The person doing the work had a little Oxy habit.
  • He was an unlicensed contractor.
  • His business (under which the contract was written) had been suspended by the Franchise Tax Board two months before the contract was written.
  • He obtained a building permit fraudulently; he represented himself to the City as me to circumvent the requirement that only active, licensed contractors can apply for permits.
I have checked with California Superior Courts, the BBB, State License Board, and the California Business and Professions code. I am 99% sure I have an airtight case because I can already prove all of the above bullet points. Everything I've read all says this guy can be in a world of hurt if I take him to court. In addition to actual damages, he could be on the hook for fines, additional damages, loss of reputation, and even possible jail time if I really pushed it.


I would really rather not subject him to all of that if I don't have to.



But my question is: even if I only file actual damages, will the Court see all of these related charges and decide to press their OWN charges above and beyond mine?


I am only waiting on one last piece of the puzzle before I send him a Certified Final Demand letter. He's obviously trying to let this ride and hope it just goes away on its own. He has repeatedly ignored and dodged my requests for follow up and plan of action for correcting the botched job. So how far I choose to push this will largely depend on how cooperative-or not and/or combative he gets when he gets served.


Any info-even if via PM would be appreciated.
Reply With Quote Quick reply to this message

 
Old 11-08-2013, 12:28 PM
 
Location: SF Bay Area
12,287 posts, read 9,799,117 times
Reputation: 6509
Small piece of advice, winning a law suite and collecting damages are two very different things.
Reply With Quote Quick reply to this message
 
Old 11-08-2013, 12:36 PM
 
Location: Business ethics is an oxymoron.
2,347 posts, read 3,322,224 times
Reputation: 5382
I am prepared for the likelihood that I will not see any payment right away. However, the beauty of this is that he lives very close to me. So I know where his house is. And he's attempted to sell it once before but couldn't.

I plan to slap a Lien against it.

This is not so much about getting money back in my pocket right away (although yes, I want to be reimbursed), as it is about righting a wrong. If the answer to my original question above is "yes", then what he owes me will suddenly be the least of his problems, which will become poetic justice for me. If and when I get my money back weeks or years from then, that will just be an added bonus.
Reply With Quote Quick reply to this message
 
Old 11-08-2013, 07:22 PM
 
Location: Business ethics is an oxymoron.
2,347 posts, read 3,322,224 times
Reputation: 5382
I paid a little visit to the city planning and building department today and spoke face to face with the head honcho.

When I was done explaining to him WHY I was there, he looked like he just crapped his pants. When I showed him some of the documentation I had and he showed me what HE had, and we put two and two together, it became crystal clear that someone in his department screwed up big time by not properly checking this "contractors" credentials. Or, for that matter, his ID.

Now he's wondering if the City can somehow be on the hook for this. I wouldn't be surprised if someones head was rolled the minute I was out the door.

This is going to get really interesting once the Final Demand letter gets sent out. Sounds to me like this "contractor", with the list of violations I have stacked on him, is facing at best, misdemeanor charges and at worst, felony ones. He could very seriously be facing jail time if this gets before a judge.
Reply With Quote Quick reply to this message
 
Old 11-09-2013, 12:57 PM
 
Location: Boulder Creek, CA
9,197 posts, read 16,808,195 times
Reputation: 6373
Quote:
Originally Posted by Des-Lab View Post
I paid a little visit to the city planning and building department today and spoke face to face with the head honcho.

When I was done explaining to him WHY I was there, he looked like he just crapped his pants. When I showed him some of the documentation I had and he showed me what HE had, and we put two and two together, it became crystal clear that someone in his department screwed up big time by not properly checking this "contractors" credentials. Or, for that matter, his ID.

Now he's wondering if the City can somehow be on the hook for this. I wouldn't be surprised if someones head was rolled the minute I was out the door.

This is going to get really interesting once the Final Demand letter gets sent out. Sounds to me like this "contractor", with the list of violations I have stacked on him, is facing at best, misdemeanor charges and at worst, felony ones. He could very seriously be facing jail time if this gets before a judge.
Collecting from a tweaker is a rough go; having a go at the City could prove much more lucrative (not hard to find lawyers eager to stick it to 'em).
Reply With Quote Quick reply to this message
 
Old 11-09-2013, 07:49 PM
 
Location: Southeast
249 posts, read 391,933 times
Reputation: 266
Quote:
Originally Posted by shooting4life View Post
Small piece of advice, winning a law suite and collecting damages are two very different things.

I agree with shooting4life. Hard to get blood out of a turnip ( or rock if you prefer). My experience with lawyers is somehow they always manage to get a good chunk of the action. For you, regular Joe, not so much. This is not legal advice.....
Reply With Quote Quick reply to this message
 
Old 11-09-2013, 07:55 PM
 
582 posts, read 777,485 times
Reputation: 766
Just remember, when you sue the city or other government body, you are not suing them but the taxpayers. In other word a suit against the city is just like suing all your friends, neighbors and yourself.
Reply With Quote Quick reply to this message
 
Old 11-10-2013, 06:46 AM
 
Location: Business ethics is an oxymoron.
2,347 posts, read 3,322,224 times
Reputation: 5382
Thanks for the feedback even though no one has really answered my question.

Look. I've already accepted the likelihood that the odds of getting my money back are slim. At least in the short term anyway. I can live with that. But that said, I know I have options. Attaching a lien to his house is one.

If nothing else, it will make life very difficult for this guy for the forseeable future. If he wants to dig his heels in and try and stiff me, that's his choice. But he brushes me off and now he will have to answer to the local city and county, the Franchise Tax Board, the Contractors License Board, the local police and/or Sherriff, just to name a few.

So what's it gonna be?

This guy is either incredibly arrogant or monumentally stupid to think he's actually going to get away with this. Either scenario deserves a hard dose of reality slapped across his face.

He is unlikely to "skip"; he has a stay at home wife and two kids to look after. Plus the house he lives in as well as a rental on the other side of town. He's put up the perfect front as the "God fearing husband and breadwinner" when in reality I am now certain I have enough evidence to not only expose him as a fraud, but completely rip that lifestyle apart and like I said, I don't think that jail time is out of the question. Especially if he has priors that I'm not [yet] aware of.

As far as suing the city (i.e. myself and the neighbors), that is not really my intent; I'm not quite as confident that I have as much of a case and the City is not really who I intend to go after. My intent is to make this guy face-by [legal] force if necessary-his actions and subsequent INactions. But if that's what I have to do, then so be it.

Again, I want to reiterate that I'm not expecting to see any payment anytime soon. But I still want to make an example out of this guy.

What's right is right. See my OP. I would be within my rights to seek almost 4x the amount that I actually want. I'm not looking to make some extra cash. I just want what's rightly owed.
Reply With Quote Quick reply to this message
 
Old 11-10-2013, 06:53 AM
 
35,095 posts, read 51,109,197 times
Reputation: 62664
Quote:
Originally Posted by Des-Lab;32168587[B
]Thanks for the feedback even though no one has really answered my question.[/b]

Look. I've already accepted the likelihood that the odds of getting my money back are slim. At least in the short term anyway. I can live with that. But that said, I know I have options. Attaching a lien to his house is one.

If nothing else, it will make life very difficult for this guy for the forseeable future. If he wants to dig his heels in and try and stiff me, that's his choice. But he brushes me off and now he will have to answer to the local city and county, the Franchise Tax Board, the Contractors License Board, the local police and/or Sherriff, just to name a few.

So what's in gonna be?

He is unlikely to "skip"; he has a stay at home wife and two kids to look after. Plus the house he lives in as well as a rental on the other side of town. He's put up the perfect front as the "God fearing husband and breadwinner" when in reality I am now certain I have enough evidence to not only expose him as a fraud, but completely rip that lifestyle apart and like I said, I don't think that jail time is out of the question. Especially if he has priors that I'm not [yet] aware of.

As far as suing the city (i.e. myself and the neighbors), that is not really my intent; I'm not quite as confident that I have as much of a case and the City is not really who I intend to go after. My intent is to make this guy face-by [legal] force if necessary-his actions and subsequent INactions. But if that's what I have to do, then so be it.

Right is right. Again, I want to reiterate that I'm not expecting to see any payment anytime soon. But I still want to make an example out of this guy.

What's right is right. See my OP. I would be within my rights to seek almost 4x the amount that I actually want. I'm not looking to make some extra cash. I just want what's rightly owed.

No one can answer your question since it is unlikely any one of us is an actual attorney who can give you legal advice, which is not allowed on the forum anyway. It is also unlikely that anyone works for the city, state, etc. who would be the ones to determine if there were any other charges to be filed.

Your best bet is to keep your ducks in a row and your information off of a public forum and in the hands of an attorney who can legally advise you properly.
Reply With Quote Quick reply to this message
 
Old 11-15-2013, 08:46 PM
 
19 posts, read 24,240 times
Reputation: 27
Sounds like you didn't enter into a contract with a contractor. You may be disappointed in the outcome.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California

All times are GMT -6. The time now is 03:13 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top