California Public Utilities Commission
505 Van Ness Ave., San Francisco505 Van Ness Ave., San Francisco
_____________________________________________________________________________________________
FOR IMMEDIATE RELEASE
PRESS RELEASE
Media Contact: Terrie
Prosper, 415.703.1366,
news@cpuc.ca.gov
CPUC INVESTIGATIONS RESULT IN ENFORCEMENT ACTIONS AND FINES IMPOSED
ON VARIOUS MOVING COMPANIES
SAN FRANCISCO, April 24,
2013 – The California Public Utilities Commission (CPUC), in its
ongoing commitment to consumer protection and safety, has recently
taken a number of actions to protect consumers from illegally
operating moving companies.
During the first quarter of
2013, the CPUC took the following enforcement actions against moving
companies for violations of the Public Utilities Code and CPUC rules
and regulations, including Maximum Rate Tariff 4 (MAX 4), which
contains maximum rates that carriers must observe as well as rules
and regulations governing intrastate moves.
Administrative Citations
·
Bartle Brothers
Moving, Inc., based in San Diego (MTR 189253), was fined $1,000 for
operating with revoked authority, failing to procure and maintain
cargo insurance and worker’s compensation insurance, and Various Max
4 violations.
·
Juan Carlos Jaimes dba JB
Deliveries and Moving, based in Cathedral City
(Unlicensed), was fined $1,000 for operating without
a permit.
·
Gavriel Abitul dba Always 4 U
Moving & Storage, based in Gardena
(MTR 190860), was fined $2,250 for failing to issue
combined agreements for moving services showing all required
information, failing to include a Not to Exceed Price, failing to
assess and charge proper rates, and failing to itemize and account
for packing materials and container charges.
·
Richard Danielson dba Sunshine
Boys Moving, based in Los Angeles (MTR 190472), was fined $1,300 for failing to
produce records, failing to retain the Important Notice About Your
Move records, and operating and advertising without a household
goods permit in effect.
Phone Disconnections
As part of its ongoing
efforts to clamp down on illegal moving companies, the CPUC had
telephone service shut off to three moving companies operating in
California without a household goods permit.
These companies continued to advertise and hold themselves
out to engage in the business of transporting used household goods,
notwithstanding CPUC directives to immediately cease and desist
unlawful acts and to obtain a household goods permit.
-
Aguenda Dominguez dba Al’s Moving & Delivery, based in La Quinta
(Unlicensed):
Advertised and offered household moving services
utilizing business cards without a permit.
The advertisement listed one phone number.
Notwithstanding CPUC Cease and Desist notices directing
the company to immediately cease all unlawful advertisements and
operations, the company continued to violate the law.
On January 17, 2013, the CPUC obtained a Finding of
Probable Cause signed by a Riverside County Superior Court
Judge. The Finding
ordered disconnection of telephone service to the telephone
number advertised and used by the company to violate laws in the
State of California
-
Desi Movers, Inc.:
Advertised and offered
household goods moving services on the Internet.
The advertisements listed one phone number.
Notwithstanding CPUC Cease and Desist notices directing
the company to immediately cease all unlawful advertisements and
operations, the company continued to violate the law as
evidenced by advertisements on the Internet.
On February 1, 2013, the CPUC obtained a Finding of
Probable Cause signed by an Alameda County Superior Court Judge.
The Finding ordered disconnection of telephone service to
the phone number advertised and used by the company to violate
laws in the State of California.
-
Jarvis Cox dba Keep it Moving Movers and Hire
Some Movers, based in
Sacramento
(Unlicensed): Advertised and offered household goods moving
services on Craigslist and elsewhere on the
Internet.
The advertisements listed one phone number.
Notwithstanding CPUC Cease and Desist notices and oral
communication directing the company to immediately cease all
unlawful advertisements and operations, and notwithstanding a
prior termination of telephone service, the company continued to
violate the law. On
February 27, 2012, the CPUC obtained a Finding of Probable Cause
signed by a Sacramento County Superior Court Judge.
The Finding ordered disconnection of telephone service to
the number advertised and used by the company to violate laws in
the State of California.
Criminal Actions
MTF Relocation, Inc. dba Best Local Relocation,
based in San Jose
(MTR 190354-Revoked): The CPUC participated in a multiagency taskforce along with the Santa Clara
District Attorney’s office, the FBI, the Department of
Transportation, Immigration and Customs Enforcement, Weights and
Measures, and other agencies targeting problem moving companies in
Santa Clara County. A search warrant was executed on MTF’s
place of business. Oren Avitan, owner of MTF, was not present
and fled the country. Employee Rodney Duque was arrested and
charged with 32 counts of conspiracy and grand theft. A
preliminary hearing was held in November 2011 in the Superior Court
of Santa Clara County for Duque and five charges were dropped due to
an inability to locate some of the victims. Duque was held to
answer on 26 of the 27 remaining counts.
Duque received a sentence of 16 months in jail and was ordered to
pay restitution.
ASAP Relocation, Inc. dba America’s Best Movers, based in San Jose
(MTR 189718 Revoked), Case PSG 2079:
ASAP Relocations was
the target of a multiagency taskforce along with the Santa Clara
District Attorney’s office, the FBI, the Department of
Transportation, Immigration and Customs Enforcement, Weights and
Measures, and other agencies targeting problem moving companies in
the Santa Clara County.
Owner Roni Hayon and others were arrested and released on bond.
On September 19, 2012, the CPUC further assisted in serving a
search warrant on Hayon’s accountant.
The CPUC assisted in finding additional documents belonging
to other companies that are under investigation, and also assisted
in providing information needed to amend the search warrant to
confiscate those documents.
The company’s permit has been revoked.
A criminal case was
presented to a grand jury and indictments were handed down.
Overcharges and Refunds
The CPUC assisted and/or directed moving companies to refund
consumers more than $13,000 for overcharges and other violations of
the Maximum Rate Tariff 4
Official Notice
The following three companies were issued an
Official Notice for advertising and operating without a permit.
1.
Mike Russell dba Mr. Mover’s Moving Assistance, Antioch (Unlicensed)
2.
Joshua Silva dba Coastal Moving, San Diego (MTR 190132)
3.
Cesar Fernandez dba Moving Cesar and Moving and Labor Cesar, Oakland
(Unlicensed)
Cease and Desist Notice
Thirteen companies were
issued a Cease and Desist notice for operating and advertising
without a valid permit (unlicensed, revoked, or denied).
Companies issued a Cease
and Desist notice notice:
1.
Dan Dubow dba Dan the
Mover, Castro Valley (Unlicensed)
2.
David Clark dba Best Moving
Company, Gardena (Unlicensed)
3.
Continental Relocations
Inc., Gardena (MTR 190629)
4.
A Guy and A Truck Moving,
Los Angeles (Unlicensed)
5.
Valdiviezo dba Mudanzas by
Jorge, Daly City(Unlicensed)
6.
Robert Reagan dba SF
Dependable Movers, San Francisco (Unlicensed)
7.
Wolfgang Christian Dykow
dba Superstar Service, Santa Clara (Unlicensed)
8.
Josh Smith dba Bay Area Pro
Moving, Bay Area Movers Express, Fast Local Moving (Unlicensed)
9.
Frank Colclough dba Franks
Delivery & Moving, San Mateo (Unlicensed)
10.
Back Breaker Movers, Santa Maria (MTR 190443 Revoked)
11.
Juan Ortega dba Ortega’s Delivery Service, Garden Grove (Unlicensed)
12.
Mark Halverstadt dba MovinMark, Martinez (Unlicensed)
13.
Maria Ayala dba S & C Moving (Unlicensed)
For more information on the CPUC, please
visit
www.cpuc.ca.gov.
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