California Public Utilities Commission
505 Van Ness Ave., San Francisco
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PRESS RELEASE FOR IMMEDIATE 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 28, 2008 - During the first quarter of 2008, the California Public Utilities Commission's (CPUC) Consumer Protection and Safety Division (CPSD), Transportation Enforcement Section, 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).
Administrative Citation
Four companies were cited and fined (totaling $3,500) for violations ranging from:
1. Operating without a valid permit (unlicensed, suspension)
2. Failing to comply with consumer protection rules in MAX 4, including no Not to Exceed price on documentation
3. Failing to issue the "Important Notice About Your Move" document
Companies cited are:
1. Cono Corp dba Safari Moving & Storage, San Jose (MTR 189767)
2. Francisco Perdomo dba Goleta Movers, Goleta (MTR189264)
3. Kelly White dba California Liftgate Services, San Marcos
4. Silvino Galino dba Palm Desert Delivery Co., Indio
Phone Disconnect
In its ongoing efforts to clamp down on illegal moving companies, the CPUC had telephone service shut off to four moving companies operating in California without a household goods permit. These companies continue to advertise and hold themselves out to engage in the business of transporting
used household goods, notwithstanding CPUC staff directives to immediately cease and desist unlawful acts and to obtain a household goods permit. Pursuant to Section 5322 of the Public Utilities Code, any person(s) aggrieved by this action may file a complaint with the CPUC and request a hearing.
1. Alexander Baoshan Huang and Jie Hu, a partnership dba U.S. Trucking; U.S. Trucking Inc., and its president Alexander Huang, La Puente; Million Moving, Inc., and its president Qian Hao Chu; and Wah Ling Sham, Temple City (MTR-Pending). US Trucking and Million Moving falsely held themselves out to the public as a licensed household goods carrier by including two revoked and invalid license numbers [T-189075 and T-182261] in their advertisements in four major Yellow Pages directories [Chinese Yellow Pages So. Cal - Los Angeles, Chinese Consumer Yellow Pages, Chinese E-Search Yellow Pages, and California Yellow Pages] for the 2007 and 2008 years. Notwithstanding their acknowledgements of four Cease and Desist letters and verbal admonishments, US Trucking and Million Moving continued to conduct unlawful operations and publish new advertisements. CPSD obtained an order "Finding of Probable Cause" signed by a Superior Court Judge, which finds that telephone service at eight specified numbers was being used to violate criminal laws of the State of California. All eight numbers are disconnected. The defendants have filed an application for a permit.
2. Ross Robinson dba Have Van Will Travel, Oakland (Unlicensed). Defendant has been posting flyers in or around Alameda and San Francisco Counties offering unlawful moving services to the public, without a household goods permit. Defendant also falsely held himself out to the public as a licensed household goods carrier by having an invalid license number "CAL-T-116655" painted on the side of his truck. Defendant received Cease and Desist letters, verbal admonishments, and was served with an Official Notice for advertising unlawful moving services. Notwithstanding his acknowledgement of CPUC staff directives and enforcement action taken, Mr. Robinson continues to post flyers offering moving services. CPSD obtained an order "Finding of Probable Cause" signed by a Superior Court Judge, which finds that telephone service at one number was being used to violate criminal laws of the State of California. The number is disconnected.
3. Lucky 777 Warehouse and Truck, Inc., and Zhi Gang Wang (CEO), El Monte; and AA Express Worldwide, Inc., Xing Mei (CEO), San Gabriel (Unlicensed). Defendants advertised moving services without a household goods permit in two major Chinese Yellow Pages directories [Chinese Yellow Pages So California - Los Angeles and Chinese Consumer Yellow Pages] and in the Chinese Daily Newspaper. Defendants failed to comply with CPSD staff's directive to voluntarily disconnect the phone numbers, and to obtain a household goods permit. CPSD obtained an order "Finding of Probable Cause" signed by a Superior Court Judge, which finds that telephone services at eight specified numbers were being used to violate criminal laws of the State of California. All eight numbers are disconnected.
4. William M. Gavin and Cynthia Wigton dba Affordable Home and Apartment Movers, Ventura (Unlicensed). Affordable falsely held themselves out to the public as a licensed household goods carrier by including a revoked license number [CAL #T -187559] in its advertisements in the AT&T Yellow Pages May 2007 Issue for Ventura, Oxnard, and Camarillo areas, and many Internet sites in the Ventura area. Prior to this phone disconnect, Mr. Gavin was fined $26,000 by the CPUC for violating consumer protection rules. Mr. Gavin was placed on probation and given a conditional permit to operate, provided that he complies with CPUC rules and regulations. Mr. Gavin failed to comply with the probationary terms. His permit was suspended and subsequently revoked for multiple reasons [failed to maintain evidence of public liability and workers' compensation insurance, failed to comply with CPUC decision]. Mr. Gavin continues to advertise on the Internet. CPSD obtained an order "Finding of Probable Cause" signed by a Superior Court Judge, which finds that telephone services at four specified numbers were being used to violate criminal laws of the State of California. All four numbers are disconnected.
5. Jacob Binstok dba A Admiral/JB Moving, Los Angeles (MTR 189638-Denied) - Update: Binstok advertised moving services without a household goods permit in at least three AT&T Yellow Pages directories (Airport Area, Los Angeles West Side, and Culver City/Marina Del Rey), and on the Internet. In September of 2007, after many unsuccessful attempts to get Binstok into compliance, CPUC staff obtained an order "Finding of Probable Cause" signed by a Superior Court Judge, which finds that telephone services at two specified numbers (800 number and 323 area code number) were used by to violate criminal laws of the State of California. Both numbers were disconnected. On September 26, 2007, Binstok filed a complaint and requested a hearing before the CPUC, pursuant to Section 5322. An evidentiary hearing was held on October 18, 2007, in Los Angeles. On December 13, 2007, a draft of the Presiding Officer decision (POD) was issued denying Binstok's request to reconnect the phone numbers. Binstok filed comments to the POD citing that the telephone companies did not provide him with adequate notice of telephone disconnection and that his advertisements were general and not specific to residential moving subject to CPUC jurisdiction. CPUC staff filed reply comment stating that the issues raised by Binstok have been addressed in the POD and that his comment should not be given credence as he did not raise any factual legal error pertaining to the POD. On April 10, 2008, in Decision 08-04-041, the CPUC denied Binstok's appeal to restore his phone services.
Criminal Filings
1. American Eagle Moving (MTR-Revoked) CPSD submitted a report requesting the Los Angeles City Attorney's office to file a misdemeanor complaint against an unlicensed moving company. In complaint # SCO7CA02669, the company was charged with 12 counts of failure to obey CPUC rules, three counts of failure to provide the Important Notice, and two counts of operations after permit revocation. Update: On February 21, 2008, defendant pled Nolo to operating without authority and violating consumer protection rules in the CPUC's Maximum Rate Tariff 4 (Not To Exceed Price). The Defendant was placed on 36 months summary probation, ordered to serve 60 days in county jail or perform 30 days of Community Labor, return to court on April 1, 2008, and provide proof of enrollment in Community Labor or surrender for jail, make restitution to three shippers in the amount of $7100, pay $100 to the
2. Victims' Restitution Fund, hold valid authority prior to operating as a household goods carrier and contact the CPUC in writing at least 48 hours prior to being employed by a household goods carrier.
Official Notice
Six companies were issued Official Notice for one or more of these violations:
1. Operating and advertising without a permit
2. Time bar not properly completed; No booklet receipt
3. No acknowledgement of loss and damage claims within prescribed time limits
4. Documentation violation
5. Failure to have a sub-haul bond on file
The Companies cited are:
1. Charles Bartlett dba Affordable Haulers & Movers, Bakersfield
2. Fortune Seven Moving, Inc., San Gabriel
3. Josef Berns dba Loadstar Movers, Santa Barbara
4. Schultz Brothers Van and Storage, Santa Rosa (MTR-60727)
5. Sedrick Brown dba Sonoma County Mover/Affordable Hauling, Santa Rosa
6. The Moving Connection LLC, Simi Valley (MTR 190079)
Cease and Desist Notice
CPUC staff issued 19 cease and desist notices to the companies listed below for operating and advertising as a household goods carrier without a valid permit:
1. A Budget Movers, Inc., Garden Grove (MTR 17114)
2. Duncan and Elbaz Inc.,dba Shamrock Van Lines, San Jose (Unlicensed)
3. Emilo Triana dba Triana Moving and Storage, San Leandro (MTR 91758)
4. Fernando Begliomini dba Golden Bay Moving/Relocation, San Francisco, (MTR 189209)
5. Fortune Seven Moving, Inc., San Gabriel (Unlicensed)
6. Kelly White dba California Liftgate Services, San Marcos (Unlicensed)
7. Luis Serna, dba Sernas Relocation Systems, Inc., Pomona (MTR 179172)
8. M. Considine dba Mountain Transport, Crestline (Unlicensed)
9. Paramount Packing & Relocation, Reseda (Unlicensed)
10. Pery Jay Bynum dba PJ Movers, Big Bear Lake (MTR 172687)
11. Peter Wang dba Ace Movers, Oakland (Unlicensed)
12. Pro Movers Network (new name-Movelocity), San Luis Obispo (Unlicensed)
13. Randall Rodgers dba Redlands Moving and Storage, Redlands (MTR 189660)
14. Richard Watson dba Integrity Movers, Napa (Unlicensed)
15. Roberto Arias dba Roberto Arias Moving Company, Palo Alto (Unlicensed)
16. Sedrick Brown dba. Sonoma County Mover, Santa Rosa (Unlicensed)
17. Silvano Galindo dba Palm Desert Delivery Co., Indio (Unlicensed)
18. Survivors Moving and Storage, Inc., San Jose (MTR 189806)
19. Yoel Kegnovich dba Rhino Moving, San Jose (Pending)
For more information on the CPUC, please visit www.cpuc.ca.gov.
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