Evidence Presented

1. CSD

CSD presented its lead investigator, Duane Filer, who testified that he sent a data request to Ace on September 30, 1999, asking Ace to produce numerous documents that Household Goods Carriers are required to maintain. On October 24, 1999, Agent Filer and Special Agent Toni Crowley met with Unikov to review the documents requested in the letter. Unikov was unable to provide any of the requested documents. He did provide copies of seven checks on which customers had stopped payment. He also had 23 copies of documents entitled Contracts or Bills of Lading, which he had apparently copied from the blank forms contained in tariffs. The agents explained that he needed to obtain proper forms to conduct business.

To follow up on the promised changes in operations, Agent Filer sent another data request to Unikov on December 21, 1999, requesting copies of documents used after the October meeting. Agents Filer and Crowley met again with Unikov on January 25, 2000, to review the requested documents. At that meeting, Unikov again was unable to produce most of the requested documents.

During the two meetings, the agents obtained 33 documents from Ace. Agent Filer conducted a detailed analysis of these documents and concluded that these documents contained 411 separate violations of the Pub. Util. Code and Commission regulations.

Agent Filer also conducted a survey of the customers listed in the documents. He sent surveys to 30 persons, and received responses from 13. None of the 13 customers were satisfied with Ace's services, most alleged loss and damage during the move, inadequately trained personnel, and that they were charged more than the telephone estimate.

Agent Filer also discovered that there was one small claims action against Ace, 5 Better Business Bureau complaints, and 8 complaints with the Commission.

Agent Filer interviewed many of the Ace customers who had filed complaints. Agent Filer concluded that Ace had shown a pattern of illegible, inaccurate, haphazard, or incomplete documents, and that Ace had a similarly consistent pattern of refusing to accept certified letters from customers or return phone calls.

Maria Montanez testified that Ace's movers were very aggressive and rude, and that they damaged her belongings. She also testified that after moving one load of belongings, Ace's movers required her to pay $850 in cash, and after moving the second load demanded another, $1,072, before they would unload an antique piano. Montanez paid the additional amount by check. Ace refused to unload the piano because Ace's check guarantee service would not guarantee the check. Montanez testified that Ace's workers closed the truck and drove off with her piano. She subsequently made repeated attempts to contact Ace by telephone and via certified mail, all of which were ignored.

Connie Jacobson and Lori Nemhauser testified that they, too, were victims of Ace's holding goods hostage technique. Ace quoted them a total price of $390 for the move. When the movers had moved one truckload, they demanded $523, which Jacobson paid. The movers then loaded the second truckload but before unloading it, demanded an additional $953. Because Ace's movers threatened to drive off with the belongings, Jacobson paid the second amount, noting on the contract that it was under duress. She subsequently stopped payment on the check.

Jacobson also identified Unikov as being Alex Petroff.

After the hearing, CSD presented a declaration from Special Agent Supervisor Waldorf. The declaration showed that Unikov had been convicted for trespass - injury to property, a misdemeanor, on February 2, 1995; for theft of property, a misdemeanor, on February 13, 1997; and for driving under the influence of alcohol or drugs, another misdemeanor, on March 10, 2000. The first two convictions occurred prior to Unikov's sworn statement as part of his application that he had not been convicted of a felony or a crime of moral turpitude.

In its post hearing filing, CSD also presented evidence that Unikov had in fact received full payment from Montanez, contrary to Unikov's testimony. Similarly, CSD presented documents that showed that Unikov used the alias Alex Petroff. Finally, Waldorf stated that he attempted to confirm that a letter commending Ace's service from Cal Fed bank was authentic by contacting the signatory and was informed by Cal Fed that no such letter came from their office.

2. Respondents

Unikov testified that his business is young, and that he has been striving to comply with all the requirements as explained to him by the Commission's agents. Unikov noted that he is a recent immigrant to this country and that he is struggling with the complicated rules that apply to the moving business. He also stated that he had joined the Moving and Storage Association to obtain assistance and guidance on proper procedures.

Unikov testified that charges assessed to Montanez were valid hourly charges. He stated that he retained the piano to secure the final payment because his check guarantee service would not guarantee Montanez's check. He repeatedly stated under oath that he had not cashed Montanez's check for $1,072. He also stated that when she did not pay, he attempted to sell the piano but could not find a buyer. He subsequently discarded the piano in an unknown dumpster "somewhere in the Valley."

Unikov also testified that he used the first name "Alex" on occasion but never the last name, "Petroff."