Enforcement Agency Testimony
The CPSD accuses Binstok, doing business as A Admiral or J B Moving, of holding himself out to engage in the business of transporting used household goods without holding a valid permit from the Commission authorizing such operations. It further claims that A Admiral or J B Moving has falsely held itself out to the public as a licensed households goods carrier by displaying an invalid permit number in its advertisements in two AT&T Yellow Pages directories, specifically the Airport Area November 2006 issue, and the Los Angeles and West Side April 2007 issue. Under provisions of the Public Utilities Code and the Business and Professions Code, the alleged violations are misdemeanors.
Violet A. May, a CPSD investigator, testified that she is charged with the responsibility of conducting investigations of household goods carriers and passenger carriers for compliance with Commission regulations, the California Public Utilities Code, and Commission General Orders.6 She stated that she has been authorized by the Commission to sign affidavits for disconnect orders for about a year and a half. May also testified that, including the one at issue here, she has signed three affidavits during her tenure at the Commission. However, she has conducted investigations of numerous household goods carriers.7
With regard to Complainant, Investigator May testified that she was assigned to investigate Binstok, doing business as A Admiral or J B Moving, as a result of two complaints8 lodged with the Commission in 2001 and 2002. The complaints alleged that A Admiral or J B Moving was advertising in the Yellow Pages directories as a household goods carrier, transporting used household goods without holding a valid permit from this Commission. She explained that, although several years old, the complaints were investigated again in order to determine whether this unlicensed mover was still operating in violation of the law.
May stated that her investigation disclosed that A Admiral or J B Moving advertised its moving services in three issues of AT&T Yellow Pages9 directories and on its internet website at www.jbmoving.com. She identified A Admiral or J B Moving's advertisements displayed in the Movers section of five AT&T Yellow Pages issues.10 Then, she described the first of the Yellow Page ads appended to her affidavit as being in the middle of the page, in a one inch by one and three-quarter inch box format, under the name of A Admiral Moving. Included in the ad were Cal-T No. 171802 and the two currently disconnected phone numbers, (800) 831-6683 and (323) 934-6683. She pointed out that "the advertisement also stated that the company provides very low cost moving."11
May explained that a Cal T number is a file number assigned by the Commission's License Section when an applicant files an application for a household goods permit. Once the applicant complies with all the licensing requirements, a permit is issued, and the number becomes the permanent number. The same number is assigned if the application is denied. She stated that Cal-T No. 171802 was not a valid number. Although License Section official records and electronic database revealed no remaining paper or computer record of the number, during the hearing, Suong Le, Supervising Transportation Representative, presented a copy of an order of revocation issued to J B Moving and Delivery,12 revoking its permit for failure to maintain adequate insurance. Le testified that any file in the License Section official records, whose status is either denied, revoked or expired, is purged from the records after a period of three years with no activity. The License Section does not retain a hard copy of the file. However, in this case, Investigator May's predecessor made a copy of the revocation and it was discovered after CPSD submitted the affidavit to the magistrate.
May further stated that the License Section's records show that in late 2002, Binstok submitted an application for a household goods permit,13 which the Commission denied in April 2003, for failure to complete all requirements, including filing of insurance. In May 2006, Binstok again filed for a household goods carrier permit. In March 2007, the CPSD informed Binstok that it would not issue a household goods permit to him, because it concluded that doing so would not be in the public interest.14
May also indicated that over the course of the investigation, the CPSD issued Complainant at least four Cease and Desist letters15 and three verbal admonishments.16 She stated that she also asked two of her colleagues to pose as customers and place three calls to A Admiral or J B Moving at the two phone numbers listed in its advertisements and on its website.17 In all three calls, a person calling himself J. B. quoted an hourly rate for the potential moves, where the point of origin and destination were solely within California, conditional upon number of trucks and workers.18 Investigators Zundel and Vaisa described the preparation of their respective declarations and their participation on these calls.19
May testified that the Commission issued subpoenas20 to AT&T California, Idearc Media Corporation/Verizon and AT&T Yellow Pages requesting subscriber information for the phone numbers listed in the advertisements and documents relating to A Admiral/J B Moving advertisements. Subscriber status reports provided by AT&T California and Idearc Media Corporation/Verizon showed Jacob Binstok as the subscriber to the (323) 934-6683 and (800) 831-6683 telephone numbers, and that billing for these services is sent to Jacob Binstok at 834 ½ N. Formosa Avenue, Los Angeles, CA 90046.21
May pointed out that the documents22 containing layouts of advertisements and the advertising contract provided by AT&T Yellow Pages revealed that Jacob Binstok signed the advertising contracts to place the boxed advertisement in at least three AT&T Yellow Pages.23 She also discussed that she went to A Admiral/J B Moving's place of business on July 31, 2006, and took pictures of the two trucks parked at the business facility. May asserted that she believed that A Admiral/J B Moving is using these trucks to conduct its moving services. On the website and in the Yellow Pages' advertisements, the address listed for A Admiral or J B Moving was 5143 W. Adams Blvd., LA or 5143 W. Adams Bl., Los Angeles, CA 90046.
Based on the preceding particulars, Investigator May prepared an affidavit that stated that telephone numbers (323) 934-6683 and (800) 831-6683 were being used to assist an unlicensed moving company in violation of the law, and the unlicensed service is preying on the public. The affidavit noted that the Commission staff has found the disconnection of telephone service to be a very effective means of stopping ongoing criminal activity. Investigator May presented this affidavit to Superior Court Judge Maral Injejikian, who signed the disconnection order, the finding of probable cause.
6 The Commission regulates and licenses intrastate movers of used household goods over the public highways within the State of California pursuant to Article II of the California Constitution and the Household Goods Carriers' Act (Pub. Util. Code § 5101 et seq.). Exhibit 1 at p. 2 (Affidavit In Support of a Probable Cause Finding for Termination of Telephone Service Pursuant to Public Utilities Code Section 5322).
7 Id. at p. 6.
8 Exhibit 2 (complaint of David M. Roth: 1/10/02) and Exhibit 3 (complaint of Valerie S. Weiss: 9/25/02).
9 Formerly SBC Yellow Pages.
10 These issues were from different areas in Southern California and for various time periods: (1) Culver City and Marina Del Rey Yellow Pages (April 2005, p. 238), (2) SBC Airport Area Yellow Pages (November 2005, p. 220), (3) AT&T Airport Area Yellow Pages (November 2006, p. 235), (4) AT&T Real Yellow Pages, Los Angeles West Side (April 2007, p. 461), and (5) AT&T Real Yellow Pages, Culver City and Marina Del Rey (April 2007, p. 233). Exhibit 1, Attachment 4 and Reporter's Transcript (RT) at pp. 6-7, lines (ll.) 26-28 and 1-14 (October 18, 2007).
11 RT at pp. 7-8, ll. 28 and 1 (October 18, 2007).
12 Effective March 16, 1999, and sent to the attention of Jacob D. Binstok, President.
13 The application was assigned File Number MTR 189638.
14 Exhibit 1, Attachment 2. On April 20, 2007, Complainant filed Application 07-04-019 to appeal the May 2006 denial. In September 2007, Complainant asked to withdraw his application.
15 The letters were dated March 2, 2005; April 8, 2005; April 19, 2006 and January 10, 2007. The CPSD mailed the first letter to 7323 W. Sunset Blvd., Los Angeles, CA 90046, and the other three letters to 5143 W. Adams Blvd., Los Angeles, CA 90016-2729. Exhibit 1, Attachment 3 and RT at pp. 12-13, ll. 25-28 and 1-3 (October 18, 2007).
16 May testified that she called the company on April 18, 2006 and May 5, 2006, spoke to Jacob Binstok, and told him to cease and desist all unlawful advertising and household goods moving operations until the company obtained a valid household goods carrier permit issued by the Commission. Id. at p. 8 and RT at p. 12, ll. 15-20 (October 18, 2007).
17 Id., Attachment 5.
18 (1) On April 24, 2006, CPSD Investigator Deborah Zundel posed as a customer and placed a call to A Admiral/ J B Moving at (323) 934-6683, inquiring about rates to move from Los Angeles to Tarzana; (2) On January 10, 2007, CPSD Investigator Stephen Vaisa posed as a customer and placed a call to A Admiral/ J B moving at (800) 831-6683, inquiring about rates to move a two-bedroom apartment from Manchester/Sepulveda area to Sepulveda/ Palms area in Los Angeles; (3) On July 24, 2007, Zundel called (323) 934-6683, "JB" answered the phone and provided a quote for a move from Culver City to Tarzana. Id. at pp. 10-11 and Attachment 10, RT at p. 15, l. 24 - p. 17, l. 13 (October 18, 2007).
19 Id., Attachment 10 and RT at pp. 63-72.
20 Id., Attachment 6 and RT at p. 13, ll. 8-11.
21 Id., Attachment 7 and RT at p. 14, ll. 15-24.
22 Id., Attachment 8.
23 Greater Los Angeles September 2006 issue (contract signed May 16, 2007); Culver City April 2007 issue (contract signed February 5, 2007) and Beverly Hills April 2007 issue (contract signed February 5, 2007). Id. at p. 10 and Attachment 8.
