I. ENFORCEMENT HISTORY

A. Termination of Telephone Service-Finding of Probable Cause, PUC Section 5322

Section 5322 of the Public Utilities Code authorizes the Commission staff to obtain a magistrate's order to disconnect an unlicensed household goods carrier's telephone service. By letters dated June 27, August 20, September 4, November 27
(2 separate letters), and December 4, 2002, and April 3, 2003, staff warned K & T to cease and desist all unlawful advertising and operations as a mover without the required permit. Nevertheless, K & T failed to comply and continued to place advertisements for its moving services in San Francisco Bay Area telephone directories and Chinese newspapers. On June 24, 2003, staff obtained a "Finding of Probable Cause" signed by Judge Charles F. Haines, Department 10, Superior Court of the State of California, San Francisco City and County Judicial District. The Court's order directed SBC and A T & T Wireless Service, Inc. to terminate telephone service to fourteen SBC landlines and two A T & T Wireless cellular numbers. K & T was using these numbers in unlawful advertisements for its moving services.

Despite disconnection of telephone service as directed by the Court's order of June 24, 2003, K & T subsequently obtained telephone service to four new phone numbers and continued unlawful advertisements for moving services in two San Francisco Bay Area Chinese newspapers, the Sing Tao Daily and World Journal.

B. Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction-Case No. CGC 03-422959 Superior Court, County of San Francisco

On July 31, 2003, Commission staff filed a complaint for temporary restraining order, preliminary injunction, permanent injunction, and action for recovery of civil penalties in the Superior Court of the City and County of San Francisco. On August 5, 2003, a hearing was held and the court signed an Order To Show Cause Re: Preliminary Injunction. Further hearing was held on August 26, 2003, when defendants, Stanley King Chee Wong and Xiu Ping Cui appeared. Adam G. Slote, Attorney at Law, represented the respondent. The parties to this case executed a Stipulation For "Entry of Preliminary Injunction". Staff filed the Stipulation and related Proof of Service with the court on August 26, 2003. The Stipulation provides that, during the pendency of the civil action, the "defendants are restrained from operating or advertising as a household goods carrier within the State of California until such time they have been granted a permit issued by the Commission". The court granted a Permanent Injunction on March 4, 2004 following a stipulation of the parties. The Injunction bars the defendants from operating without a license. (Attachment)

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