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California Public Utilities Commission
505 Van Ness Ave., San Francisco
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FOR IMMEDIATE RELEASE PRESS 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, May 8, 2009 - The California Public Utilities Commission (CPUC), in its ongoing commitment to consumer protection, has recently taken a number of actions to protect consumers from illegally operating moving companies.
During the first quarter of 2009, CPUC staff 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), which contains maximum rates that carriers must observe as well as rules and regulations governing intrastate moves.
Administrative Citation
Two companies were cited and fined (totaling $3,750) for violations ranging from:
1. Failed to properly complete the "Important Notice About Your Move" to shippers
2. Failed to timely respond to written claim for loss or damage
3. Incomplete Combined Agreements for Moving Services and Freight Bills
4. Issued an Estimate of Costs for Services without a visual inspection of the goods
5. Operated and advertised prior to issuance of authority
Companies cited:
1. Duncan and Elbaz Inc. dba S Van Lines, Santa Clara (MTR 190482)
2. Air Ride Moving and Storage, Inc., Granada Hills (MTR 189785)
(Air Ride was administratively fined in July 2008. The company appealed the citation and requested a hearing, which was held on October 29, 2008, before an Administrative Law Judge. On March 27, 2009, the CPUC adopted Resolution ALJ-230, which upheld the fine and ordered CPUC staff to re-audit Air Ride within six months to ensure compliance with CPUC rules and regulations.)
Phone Disconnect
In its ongoing efforts to clamp down on illegal moving companies, the CPUC had telephone service shut off to a moving company based in Hercules, CA. Larry Alan Carlo dba Bay Area Moving and Delivery Service advertised his unlicensed moving business in various media including the Internet and the AT&T Yellow Pages directories (Contra Costa West area, 2008 edition). The carrier advertised his moving services under the "Movers & Full Serv Storage" section of the Yellow Pages. Notwithstanding CPUC staff directives to immediately cease and desist unlawful acts and to obtain a permit, Carlo continues to advertise and hold himself out to engage in the business of transporting used household goods, as evidenced by sting calls. On February 18, 2009, the CPUC's Consumer Protection and Safety Division obtained an order of "Finding of Probable Cause" signed by Contra Costa County Superior Court Judge Mary Ann O'Malley. The order finds that telephone service at two numbers was being used to violate criminal laws in the State of California. Section 5322 of the Public Utilities Code provides for any person aggrieved by this action may file a complaint with the CPUC and request a hearing.
Temporary Restraining Order, Preliminary Injunction.
In March 2009, the CPUC obtained a temporary restraining order and preliminary injunction against Ross Robinson dba Have Van Will Travel, an unlicensed moving company based in Oakland, CA. Robinson had been posting flyers in or around Alameda and San Francisco Counties offering unlawful moving services to the public, without a household goods permit. Robinson 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. Notwithstanding enforcement actions taken by the CPUC, including cease and desist letters, verbal admonishments, and disconnection of telephone service, Robinson continues to post flyers offering unlawful moving services.
On March 12, 2009, Robinson stipulated to being restrained and enjoined from household goods carrier operations, advertising, soliciting, or holding himself out to conduct household goods carrier operations. Judge Charlotte Walter Woolard of San Francisco Superior Court ordered the preliminary injunction March 13, 2009. Robinson responded to the complaint and denies the allegations. A Case Management Conference is scheduled for July 24, 2009, in San Francisco Superior Court.
Official Notice
Twelve companies were issued Official Notice for one or more of these violations:
1. Failed to include Cal T-number in advertisements
2. Failed to maintain claims register
3. Failed to notify the CPUC within 30 days that the qualified examinee is no longer with the company
4. Operated and advertised without a permit (unlicensed, suspended)
Companies cited:
1. Anthony Gorder dba A Cherry Move, Orange (MTR 190533)
2. Caroline Kurema dba Tana Movers, Santa Rosa (MTR 190489-Pending)
3. Dong Guogiang dba Smooth Transportation Co., El Monte (Unlicensed)
4. John Owings dba Helping Hands Relocation, Costa Mesa (Unlicensed)
5. Jose Ventura dba Chasquis Moving Service, Redwood City (MTR 190564)
6. Linda Jones dba Rising Van Lines, Sacramento (Unlicensed)
7. Ling Li dba MKM Moving Co, Alhambra (MTR 190548-Pending)
8. Richard Weber dba Discount Movers, Santa Barbara (Unlicensed)
9. Ronen Elal dba USA Movers, Tarzana (MTR 190289)
10. Stanley Imerman dba Amazing Movers, San Diego (MTR 190588)
11. Uni-Line, Inc., San Francisco (MTR 189284)
12. Zhen Tian Cui dba Washing Moving Service, Alhambra (MTR 190540-Pending)
Cease and Desist Notice
Fifteen companies were issued cease and desist notices for one or more of these violations:
1. Engaged workers without workers' compensation insurance on file
2. Failed to display T- number in advertisements
3. Failed to file fictitious business names with the CPUC as required by MAX 4 tariff
4. Operated and advertised without a valid permit (unlicensed, suspended, revoked)
5. Operated without evidence of public liability insurance coverage
Companies cited were:
1. Bong Hwa Transport Service, Los Angeles (Unlicensed)
2. Du An Kwon dba Express Moving, Los Angeles (MTR 190025-Denied)
3. Gold Star Moving Co & Gabo Moving Co., Los Angeles (MTR 176742-Revoked)
4. Haile Zekaris, La Mesa (Unlicensed)
5. Helping Hands Relocation, Costa Mesa (Unlicensed)
6. Jason Hoang dba Jason Moving, Garden Grove (Unlicensed)
7. Joseph Kaaekuahiwi dba Big Island Movers, Modesto (Unlicensed)
8. Kevin M. Husted dba K.M.H. Moving Services, Santa Cruz (Unlicensed)
9. Lightning Van Lines, San Leandro (MTR 189832)
10. Maria Vasquez and Susan Flores dba JMS Full Service Moving Co., Tracy
11. Mutunga Maithya dba Central Valley Movers, Modesto (Unlicensed)
12. Tim Yum dba Pro-Moving Team dba Pro-Home Delivery, Huntington Beach (Unlicensed)
13. Uni Line Inc., San Francisco (MTR-189284)
14. Van Lines Relocation & Logistics, Los Angeles (MTR 190493)
15. Zhao North-East Int'l Trading Inc., Monterey Park (Unlicensed)
For more information on the CPUC, please visit www.cpuc.ca.gov.
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