Consumer Alert: Lawsuit Filed Against Unlicensed Contractor in San Diego
The Law Offices of Carl H. Starrett II has filed a lawsuit against Jeff Emmons ("Emmons") of Coronado, alleging that Emmons has illegally entered into contracts that require a contractor's license. Contracting without a proper license is a misdemeanor under Business & Professions Code § 7028 and is punishable by fines and up to one year in county jail for repeat violations.
The lawsuit alleges that Dr. Rich Heidenfelder ("Heidenfelder"), a local psychiatrist, hired Emmons to furnish and install specially designed doors for his new medical office that would muffle the sound from the reception area and protect the privacy of Heidenfelder’s patients. Emmons, who does business under the name Handyman Logic, agreed to supply the doors and perform other services so that Heidenfelder's office would be open for business on May 1, 2006. The lawsuit also alleges that Heidenfelder paid Emmons the sum of $8000 for the doors and other services to be provided.
Emmons completed the doors two weeks late, causing an estimated $24,000 in lost revenue. Emmons also failed to complete other work paid for by Heidenfelder. The lawsuit also alleges that when Heidenfelder refused to pay additional money beyond the agreed price, Emmons broke into the medical office and stole the doors. Dr. Heidenfelder lost yet another week of patient appointments because of this latest incident.
Heidenfelder states that the San Diego Police Department refused to take any action, insisting that this was a "civil" matter. Despite the allegations of trespassing, theft and contracting without a license, the District Attorney's office in San Diego has declined to prosecute Emmons. Heidenfelder has contacted the Contractor State License Board about opening an investigation into Emmons' business activities.
The lack of action by local law enforcement caused Heidenfelder to seek redress in the Superior Court. Heidenfelder's lawsuit is currently pending in the San Diego Superior Court and seeks damages in excess of $44,000. Heidenfelder is also seeking a permanent injunction that would prohibit Emmons from contracting without a license in the future.
The lawsuit alleges that Dr. Rich Heidenfelder ("Heidenfelder"), a local psychiatrist, hired Emmons to furnish and install specially designed doors for his new medical office that would muffle the sound from the reception area and protect the privacy of Heidenfelder’s patients. Emmons, who does business under the name Handyman Logic, agreed to supply the doors and perform other services so that Heidenfelder's office would be open for business on May 1, 2006. The lawsuit also alleges that Heidenfelder paid Emmons the sum of $8000 for the doors and other services to be provided.
Emmons completed the doors two weeks late, causing an estimated $24,000 in lost revenue. Emmons also failed to complete other work paid for by Heidenfelder. The lawsuit also alleges that when Heidenfelder refused to pay additional money beyond the agreed price, Emmons broke into the medical office and stole the doors. Dr. Heidenfelder lost yet another week of patient appointments because of this latest incident.
Heidenfelder states that the San Diego Police Department refused to take any action, insisting that this was a "civil" matter. Despite the allegations of trespassing, theft and contracting without a license, the District Attorney's office in San Diego has declined to prosecute Emmons. Heidenfelder has contacted the Contractor State License Board about opening an investigation into Emmons' business activities.
The lack of action by local law enforcement caused Heidenfelder to seek redress in the Superior Court. Heidenfelder's lawsuit is currently pending in the San Diego Superior Court and seeks damages in excess of $44,000. Heidenfelder is also seeking a permanent injunction that would prohibit Emmons from contracting without a license in the future.
About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning, insurance subrogation and debt collection.
2 Comments:
Good article!
This certainly lends merit to the need to only hire a licensed contractor. Thanks for the information!
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