ALJ/MAB/MOD-POD/jt2 Mailed 12/1/2006

Decision 06-11-041 November 30, 2006

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Order Instituting Investigation and Order to Show Cause on the Commission's own motion into the operations and practices of Mr. Move Moving & Storage, Inc., a California corporation, doing business as Load Rock N Roll Moving and Storage, Right Now Moving and Storage, Same Day Moving, Short Notice Moving and Storage, A All-American Relocation, Load Lock N Roll, Long Beach Security Storage, Mister Move, and its president, Eli Galam.

Investigation 05-04-019
(Filed April 21, 2005)

Edward W. O'Neill, Jeff Gray, and Christopher A. Hilen Attorneys at Law, for Mr. Move Moving & Storage, Inc., and Eli Galam, respondent.

Robert Cagen, Attorney at Law, and Suong T. Le, San Francisco Office, and Adrianne E. Johnson, Los Angeles Office, for Consumer Protection and Safety Division.

DECISION ORDERING REFUNDS, IMPOSING FINE, AND DIRECTING STAFF TO MONITOR COMPLIANCE

TABLE OF CONTENTS

Title Page

DECISION ORDERING REFUNDS, IMPOSING FINE
AND DIRECTING STAFF TO MONITOR COMPLIANCE 2 2

I. Summary 2 2

II. Background 2 2

III. Discussion 5 5

A. Evaluation of Each Specific Move 5 5

B. Analysis of CPSD's Allegations 6 6

1. Failure to Ensure Capable Help 6 6

2. Conducting Operations as a Household Goods Carrier
During Periods of Suspension of its Permit 7 7

3. Holding Goods Hostage 8 8

4. Estimate Violations 10 10

5. Documentation Violations 10 10

6. Failing to Acknowledge and Timely Process Claims
for Loss or Damage 13 13

7. Fictitious Business Names in Telephone Directory 14 14

8. Failing to Allow Inspection of Records 14 14

IV. Appeal of Presiding Officer's Decision 26 26

V. Assignment of Proceeding 29 29

ORDER 32 32

ATTACHMENT A - Summary of Moves Alleged to Violate Applicable Law Moves Conducted Prior to Sentencing Order

ATTACHMENT B - Discussion of Each Move Listed in Attachment A

DECISION ORDERING REFUNDS, IMPOSING FINE AND DIRECTING
STAFF TO MONITOR COMPLIANCE

I. Summary

This decision holds that Mr. Move Moving and Storage, Inc., (Mr. Move) has failed to comply with applicable law and Commission regulations for household goods carriers. Most such violations, however, occurred prior to the 2004 criminal court stipulation which required respondents to bring operations into compliance with the law and regulations. Mr. Move has substantially, albeit not completely, complied with the requirements of the criminal court stipulation. The officers and management of Mr. Move are admonished for several recent moves, directed to make refunds for overcharges, required to resolve loss and damage claims, and pay a fine. Our staff shall implement a plan for enhanced supervision of Mr. Move.