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, January 26, 2011 - 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 fourth quarter of 2010, 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
Three companies were cited and fined (totaling $4,250) for one or more of the violations listed below.
1. Engaged workers without evidence of workers' compensation insurance coverage
2. Failed to charge distance rate on moves that exceed 100 constructive miles
3. Failed to include a "Not to Exceed Price"
4. Failed to maintain and procure evidence of public liability and cargo insurance coverage
5. Failed to properly and legibly compute time for loading, unloading and double drive time
6. Failed to properly complete the "Important Notice about your Move" document
7. Failed to provide access to records
8. Issued an incomplete Combined Agreements for Moving Services and Freight Bills
9. Operated and advertised without a valid permit (unlicensed and revocation)
The companies cited were:
1. 123 Express Moving Inc. dba Samsung Express Moving, Los Angeles (MTR 190025)
2. Excalibur Van Lines, LLC, Northridge (MTR190128)
3. Hansen Smylie Moving and Storage Placerville, LLC, Placerville (MTR 190214)
Phone Disconnect
In its ongoing efforts to clamp down on illegal moving companies, the CPUC had telephone service shut off to a moving company operating in California without a household goods permit. This company continued to advertise and hold itself out to engage in the business of transporting used household goods, notwithstanding CPUC staff directives to immediately cease and desist unlawful acts and to obtain a household goods permit. The company is:
1. Reese Farrow dba Genuine Moving, Albany (Unlicensed). This company advertised on the Internet offering moving services. Notwithstanding CPUC staff Cease and Desist letters directing the company to immediately cease all unlawful advertisements and operations, the company continued to violate the law as evidenced by the advertisements. On November 16, 2010, CPUC staff obtained a Finding of Probable Cause signed by an Alameda County Superior Court Judge. The Finding orders disconnection of telephone service to the number advertised and used by the company to violate criminal laws in the State of California.
Criminal Filings
CPUC staff investigations of unlicensed operations resulted in criminal complaints filed with the local prosecutor's office. Following are status updates on criminal cases filed:
2. Amex Movers, Inc., Los Angeles (MTR 190039) - Complaint #9CA01177 - This company was charged with 30 counts of violating various provisions of the Public Utilities Code and the CPUC's MAX 4 Tariff including but not limited to operating and advertising after permit suspension and revocation, engaging employees without workers' compensation insurance, failing to maintain in effect public liability property damage and cargo insurance, and failing to issue Important Notice with Not To Exceed Price. A jury trial is scheduled for February 2011.
3. Aleksey Posunko, Larysa Posunko, Stanislav Kirsanov, partners doing business as ALG Moving, Los Angeles (Unlicensed) - Complaint #0CA01202 - This company is charged with eight counts of violating various provisions of the Public Utilities Code and the CPUC's MAX 4 Tariff including but not limited to operating and advertising without CPUC authority, failing to maintain in effect requisite insurance (PLPD, cargo, and workers' compensation), failing to issue Important Notice with Not To Exceed Price, and violation of Business and Profession Code 17200/17500 for unfair business practices. The substitute attorney representing Aleksey and Larysa Posunko and the Public Defender representing Stanislav Kirsanov were in court on December 28, 2010. Larysa Posunko has agreed to disposition, however an attorney was unable to reach Aleksey Posunko. The arraignment was continued to a later date.
Official Notice
Four companies were issued an Official Notice for one or more of the following violations:
1. Advertised and operated without a permit
2. Failed to include CAL T-number and all business names on all advertisements and documents
3. Failed to issue Important Notice About Your Move
The companies cited were:
1. Armalan Moving Services LLC, San Mateo (MTR 190654)
2. Relocation Experts, Stockton & Fresno (Unlicensed)
3. Shawn S. Currie dba SC Moving, North Highlands (MTR 190758)
4. Yi Zhao dba Tian Tai Moving Company, Fremont (Unlicensed)
Cease and Desist Notice
Nineteen companies were issued cease and desist notices for operating and advertising without a valid permit (unlicensed, suspended, or revoked).
The companies issued cease and desist notices were:
1. 1 Truck 2 Men, San Diego (Unlicensed)
2. All-American Student Moving, Goleta (Unlicensed)
3. A-OK Hauling, Modesto (Unlicensed)
4. Express Moving Services, Union City (MTR 189756)
5. Glen Decker dba Mom & Pop's & Sons, Redding (Unlicensed)
6. Green Truck Management Inc. dba Nonstop Van Lines, San Jose (MTR 190684)
7. Jacob Giorgi dba House to Home Complete Moving Services, Citrus Heights (Unlicensed)
8. Jarvis Price Cox dba Keep It Moving, Sacramento (Unlicensed)
9. Jay Miller dba Flat Rate Moving Company, Oakland (Unlicensed)
10. Jose Eliel Arroliga Mendoza dba Jose Mendoza Moving, Berkeley (Unlicensed)
11. Kenneth and Tracy Faucher dba KF Cleaning and Restoration, Beaumont (Unlicensed)
12. Kevin P. Hunt Jr. dba In Motion Moving Services, Santa Clara (Unlicensed)
13. Mark Anderson dba Viking Piano Movers, San Rafael (Unlicensed)
14. Michael Daniels dba Care Smart Moving, Modesto
15. Relocation Experts, Modesto (Unlicensed)
16. Shawn S. Currie dba SC Moving, North Highlands (MTR 190758-Pending)
17. Stafford Stafford dba Sent Packing, Oakland (Unlicensed)
18. Vieira Moving, Santa Clara (Unlicensed)
19. Walter Branch dba Branch Moving, San Diego (Unlicensed)
For more information on the CPUC, please visit www.cpuc.ca.gov.
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