Complaint Review: Aaron Mc Coy Construction - San Jose California

The Plaintiff Alpha M. Sanders entered into a written contract to remodel her fire damaged home with the defendant Aaron Mc Coy Construction Company 1509 SAN ANDREAS AVENUE SAN JOSE, CA 95118.(mailing address 740 Race St #1 S.J. Ca. 95126-385 (Contractor License No.877672) (See Exhibit A- A2)

Attached is a copy of the PREMATURE INVALID Mechanic Lien, prepared by Aaron Mc Coy of Aaron Mc Coy Construction Company. Under the direction of his (noticed to the plaintiff only), Attorney of Record Christine Kawomoto of the Law Ison Law Firm: (See Exhibit B)

The new law, which amends Civil Code 3097 and adds Civil Code 3259.5, that requires the owner of a private work of improvement to give notice of the recordation of a Notice of Completion or a Notice of Cessation to the original contractor and to any claimant who has served a Preliminary Notice.

Timing is most critical item with regard to the recording of a Mechanics Lien or filing a Stop Notice.

A Mechanics Lien may not be recorded until the claimant has finished furnishing labor, services, equipment, or materials to the project. (Civil Code 3116). There are time limits within which all Mechanics Liens must be recorded on private works and/or Stop Notices must be served. The deadlines are as follows:

Any of the following will be deemed to be the equivalent of actual completion with respect to private works, that will trigger the ninety (90) day period within which to record Mechanics Liens and/or serve Stop Notices: (1) Occupation or use of the work of improvement by the owner or his agent, accompanied by a cessation of labor thereon; (2) Acceptance of the work of improvement by the owner or his agent; or (3) A cessation of labor for a continuous period of sixty (60) days, or a cessation of labor for a continuous period of thirty (30) days if the owner files a Notice of Cessation. (Civil Code 3086).

The Attorney of record and the defendant in this matter failed to deliver a Stop Notice upon the Plaintiff prior to the filing a Mechanic Lien Civil Code 3097,3259.5. Defense and his attorney of record also failed to comply with (Civil Code 3086).

The plaintiffs HAS NOT filed a NOTICE OF COMPLETION OR A NOTICE OF CESSATION. As required by (Civil Code 3086). THE PLAINTIFFS PROPERTY IS NOT YET COMPLETE TO DATE; NOR HAS CONSTRUCTION STOPPED FOR 30 DAYS. (See Exhibit D)

3086. "Completion" means, in the case of any work of improvement other than a public work, actual completion of the work of improvement. Any of the following shall be deemed equivalent to a completion:

(a) The occupation or use of a work of improvement by the owner, or his agent, accompanied by cessation of labor thereon.

(b) The acceptance by the owner, or his agent, of the work of improvement.

SECTION II 3097 Preliminary Notice 3259.5 Notice Completion/ CessationAfter the commencement of a work of improvement, a cessation of labor thereon for a continuous period of 60 days, or a cessation of labor thereon for a continuous period of 30 days or more if the owner files for record a notice of cessation.

If the work of improvement is subject to acceptance by any public entity, the completion of such work of improvement shall be deemed to be the date of such acceptance; under the State Contract Act, Chapter 3 (commencing with Section 14250), Part 5, Division 3, Title 2 of the Government Code, a cessation of labor on any public work for a continuous period of 30 days shall be a completion thereof. (Note: Electrical work has NOT PAST CITY OF SAN JOSE PERMIT REQUIREMENT TO DATE)

Under the new law, a Notice of Completion will be valid only if the property owner gave a Notice of Notice to all potential claimants. There is no practical way for a title company to determine whether all required Notices of Notice were properly served other than to rely on the assurances of the owner. Whether title companies will be willing to accept such assurances remains to be seen.

Most construction contracts and construction loan agreements provide that retention will be disbursed 35 days after a Notice of Completion is recorded. This gives the title company time to determine whether mechanics lien claims have been recorded before the owner or the construction lender authorize disbursement of the retention.

If they do not, the new rule of practice is instead of 35 days after Notice of Completion, retention will be disbursed 105 days thereafter. The new Notice of Notice would have to wait an extra 60 to 70 days for their money.

Irregardless to this critical deadline requirement set forth in Civil Code 3097, 3086, 3259.5

or Civil Code 3116) ). Aaron Mc Coy of Aaron Mc Coy Construction proceeded on March 27, 2007, to filed/prepared a IN INVALID MECHANIC LIEN in SANTA CLARA COUNTY LIEN NOTICE on the plaintiffs rental property.

We conclude that parcel boundary map data maintained in an electronic format by a county assessor must be furnished promptly upon request of a member of the public. California Public Records Act ( 6250-6276.48; Act). A fee that may be charged by a county for furnishing a copy of parcel boundary map data maintained in an electronic format by a county assessor is generally limited to the amount that covers the direct cost of producing the copy is $1.00 per page.

It is well established in California that the contractor is under an affirmative duty to inspect all available public records (including the building permit and county recorders office land records) to ascertain all parties that may have a claim, lien, deed of trust, mortgage, or other encumbrance upon the land, particularly for private works. California Civil Code 3097(I) and 3097(j); Romak Iron Works v. Prudential Insurance Company of America, 163 Cal.Rptr. 869, 104 Cal.App.3d 767 (1980).

SECTION III 7202. MECHANIC LIEN

If he would have done so it would resulted in the following CORRECT property description for the property in question:

Section 3112. Any claimant who, at the instance or request of the owner (or any other person acting by his authority or under him, as contractor or otherwise) of any lot or tract of land, has made any site improvement has a lien upon such lot or tract of land for work done or materials furnished. DEFENSE PROPERTY DESCRIPTION (INVALID)

Name of Owner: Alpha M. Sanders Property Description: San Jose California 95111 Claim Due: $ 10,000.00 (See Exhibit B)

ASSESSOR PROPERTY DESCRIPTION ( CORRECT)

Owner: Sanders Alpha M. Trustee

3534 Feller Avenue San Jose, Ca. 95127- 4402 Property: 505 Loumena Lane San Jose, Ca. 95111 Assessee: Sanders Alpha M. Trustee Parcel No.# 497-27-092-00 Book 497 Page 27 Tract 2287 Document No. 14271326

Cortac 5212 03004 0000805190 (See Exhibit C)

Generally speaking , an instrument is recorded when it is DULY ACKNOWLEDGED OR VERIFIED and deposited in the recorders office with the proper officer and marked filed for record. It is the duty of the recorder to number the instrument in the order in which it is deposited, include the year, month, day, hour and minute of its reception, and indicate at whose request it was filed for record.

3084.(a) "Claim of lien" means a written statement, signed and verified by the claimant or by the claimant's agent, containing all of the following: (1) A statement of the claimant's demand after deducting all just credits and offsets. (2) The name of the owner or reputed owner, if known. (3)

A general statement of the kind of labor, services, equipment, or materials furnished by the claimant. (4) The name of the person by whom the claimant was employed or to whom the claimant furnished the labor, services, equipment, or materials. (5) A description of the site sufficient for identification. (b) A claim of lien in otherwise proper form, verified and containing the information required by this section shall be accepted by the recorder for recording and shall be deemed duly recorded without acknowledgment.

CIVIL CODE SECTION 3261. NO MISTAKE OR ERRORS IN THE STATEMENT OF THE DEMAND, OR OF THE AMOUNT OF CREDITS AND OFFSETS ALLOWED, OR OF THE BALANCE ASSERTED TO BE DUE THE CLAIMANT, OR IN THE DESCRIPTION OF THE PROPERTY AGAINST WHICH THE LIEN IS RECORDED, SHALL INVALIDATE THE LIEN.

SECTION III 7202. MECHANIC LIEN

Mr. Mc Coy also assert on in his Mechanic Lien that there were MATERIAL COST associated with his claim. THIS WAS A LABOR ONLY the contract term specifically states that the owner would be purchasing ALL THEIR OWN MATERIALS. See sections 6 & 12 in the plaintiffs 9 page contract addendum.) (SEE EXHIBIT J 1-2)

The claimant has generated numerous for vastly different dollar amounts owed to him. For unlicensed contractual work outside of the contractor license classification capability. Per California Contractor Law Mr. Mc Coy is barred from the use of the Mechanic Lien process for Speciality Trade work for over $500.00. (See Exhibit A 1-2)

The defense has already defrauded the plaintiff out of $34,000.00 in unlicensed Speciality Trade contract work the he is not licensed to perform. Which is currently under investigation by the State of California Contractors Board. (See Exhibit L)

Recent California legislation requires any contractor who brings a court action for the collection of compensation, to provide a Verified Certificate as proof of valid licensure during the time of the contract or work. In order to support him being paid for Speciality Trade Sub-Contractors work, in the amount of $34,000.00.

NOTE: Unlicensed repairs. (An unlicensed contractor can not use the Mechanics Lien process in California) if the work required a contractor's license. If the value of the contract is $500 or more, including labor and materials, then the work usually requires a license issued by the Contractor's State License Board.

On February 1, 2007 Aaron Mc Coy 1st stated to be the monetary valued owed of $ 20,164.89. According to his attorney Christine Kawamoto of the ISON Law Office intent to file a Mechanic Lien in that amount. For the following uninstalled or incomplete repairs that would never be performed by Aaron Mc Coy construction. Since Aaron Mc Coy construction was terminated on January 14, 2007 for failure to meet contract deadline amongst other things. (See Exhibit E1 & E2)

Furthermore, in order to have your lien, the work, and/or materials, etc, must be incorporated into the structure. That is to say that it has to be installed, the contractor would have to have to have the proper classification and licensing. Never installed by Aaron Mc Coy construction (2) toilets, installation of (3) sinks, (1) bath, (1) shower, (1) dishwasher, Floor covering for (2) baths floors, (1) shower, (1) kitchen. There would also be (9) interior doors, roofing edging/trim, furnace vent, kitchen cabinets, closet shelving, closet clothing rods. (See Exhibit F)

There was no further response from Mr. Mc Coys legal counsel regarding stated dispute of monies owes.

CALIFORNIA CONSTRUCTION LAW CLEARLY STATES. THAT IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.

SECTION III 7202. MECHANIC LIEN

The second request was for $8, 500.00 sent via email on February 22, 2007 received and read on March 13, 2007. (See Exhibit G), 3RD request is the mechanic lien for $10,000.00. (See Exhibit B)

Aaron Mc Coy Construction had already accumulated $9,000.00 in penalty for non completion of the total project by the contract amended deadline of January 8, 2007. At a rate of $1,500.00 6 day @ per day commencing on the morning of January 8, 2007 and ending on the morning of January 13, 2007. Which was never deducted from the offset &

credits (Note: Mechanic Lien is $10,000.00).

Section 7031. California case law provided in 3123 the owner may obtain a court order releasing or reducing the lien. Furthermore, under 3118, if a contractor "willfully" includes amounts for work not furnished for the property upon which the lien is placed, the contractor shall "forfeit his lien."

The 1st demand for payment asserted by Christine Kawamoto of the ISON Law Office for $ 20,164.89 and each consecutive demand thereafter by Aaron Mc Coy of Aaron Mc Coy Construction. None of which were properly noticed or served upon the plaintiff pursuant.

The defense is required to provide proof of service affidavits pursuant: 3097.13261, Proof that the Preliminary 20-day notice 7202 Stop Notice, Mechanic's Lien Affidavits, 7054.5 Business and Professions Code and 3097,Civil Code Section, Sections 7040and Bills Paid Affidavit.

The defense counsel states in her Demurrer filed on page 1-2 June 13, 2007 that the plaintiff was noticed for $20,000.00 on and the actual mechanic lien filed was for $10,000.00.

Proper and legally binding serve is as follow on the aforemention Notice requirements:

3097.1. Proof that the Preliminary 20-day notice required by Section 3097 was served in accordance with subdivision (f) of Section 3097 shall be made as follows:

(a) If served by mail, by the proof of service affidavit described in subdivision of this section accompanied either by the return receipt of certified or registered mail, or by a photocopy of the record of delivery and receipt maintained by the post office, showing the date of delivery and to whom delivered, or, in the event of non delivery, by the returned envelope itself.

(b) If served by personally delivering the notice to the person to be notified, or by leaving it at his address or place of business with some person in charge, by the proof of service affidavit described in subdivision c.

c. A "proof of service affidavit" is an affidavit of the person making the service, showing the time, place and manner of service and facts showing that such service was made in accordance with Section 3097. Such affidavit shall show the name and address of the person upon whom a copy of the preliminary 20-day notice was served, and, if appropriate, the title or capacity in which he was served.

SECTION III 7202. MECHANIC LIEN

The New Requirements For Mechanic's Lien Affidavits

7202. BEFORE RECORDING A CLAIM OF LIEN, filing a stop payment notice, or asserting a claim against a payment bond, the claimant shall give preliminary notice to each of the following persons:

(a) The owner or reputed owner.

(b) The direct contractor or reputed contractor. The construction lender or reputed lender, if any.

The claimant is is also requirement serve a Mechanic's Lien Affidavit. There are four new requirements that must be added to all Mechanic's Lien Affidavits, whether the lien affects residential or commercial construction. In addition to the items previously required to be stated in the lien affidavit.

The lien affidavit must now contain the following:

a. The last known address of

(1) the owner of the property,

(2) the original contractor, and

(3) the person with whom the claimant contracted.

b. The claimant's (1) physical address, and if different,

(2) its mailing address, too.

Claimants are now required to send a copy of the lien affidavit to the owner and original contractor no later than ONE business day after the lien affidavit is filed. This will provide all recipients of the notice with more timely information but does not provide much leeway for the claimant.

Changes have been made in the All Bills Paid Affidavits that are optional on commercial properties are mandatory on residential projects. See the Final Bills Paid Affidavit Section later in this article.

This section of the Code has been significantly changed and should be carefully studied. The new language requires persons seeking payment for labor and material furnished to a construction project, whether commercial or residential, to also furnish an affidavit stating that all bills have been paid.

In the event th at there are certain bills which have not been paid, the person giving the affidavit is required to disclose the amount of each unpaid bill and the name of the person to whom the bill is owed. In addition, the affiant must state the address and telephone number, if known, of each person to whom a bill is owed.

When the All Bills Paid Affidavit includes a lien waiver and payment is not made in current funds, the new language will authorize the affiant to condition its lien waiver on receipt of actual payment.

SECTION III 7202. MECHANIC LIEN

In addition, the affidavit may contain an indemnification by the affiant for any loss or expense resulting from false or incorrect information in the affidavit. The new language also makes the person signing the affidavit personally liable for any false or incorrect information.

The statute further states that a person convicted of violating this section shall be punishable by a fine not to exceed $4,000.00 or confinement in jail for a term not to exceed one year, or both. A person convicted under this section will not be allowed to receive community supervision for the offense.

This additional information in the lien affidavit should enable both owners and courts to more readily determine the validity of liens filed against property. These new requirements are directly related to the new summary court proceedings discussed below.

Deadline Shortened for Sending Copy of Lien Affidavit to Owner.

The time requirement for sending a copy of the lien affidavit to the owner has been changed.

Under the old law a claimant had to send a copy of the lien affidavit to the owner and the original contractor no later than the 10th business day after the lien is filed of record, or if earlier, on the date the statute requires the affidavit to be filed.

Claimants are now required to send a copy of the lien affidavit to the owner and original contractor no later than ONE business day after the lien affidavit is filed. This will provide all recipients of the notice with more timely information but does not provide much leeway for the claimant.

If a contractor overstates the lien or includes amounts for costs other than those specified in 3123 A California appellate court has interpreted. Basic Modular Facilities, Inc. v. Ehsanipour, 70 Cal. App.4th 1480, 83 Cal. Rptr. 2d 462 (1999).

Lambert v. Superior Court, 228 Cal. App.3d 383 (1991), required that the court strike a lien in its ENTIRETY if only part of it was for work or claims that were not subject to a lien.

Code of Civil Procedure Section 488.720 has introduces a novel method of tempering the harsh consequences of an attachment lien and preventing its abuse.

If, in noticed proceedings before the court, the value of the defendants interest in the property sought to be attached can be shown to be clearly in excess of the amount necessary to satisfy plaintiffs claim, the court may order a release of as much of the property as it considers excess security.

California's Mechanic's Lien statutes. In finding that the statutes were sufficient to comply with both state and-federal due process requirements, the Court upheld the validity of the statutes because they accommodated the competing interests of both the land owner and the lien holder. (17 Cal. 3d at 821-822.)

SECTION III 7202. MECHANIC LIEN

If you fail to meet the statutory requirements as to the form of the Preliminary Notice, timing of the Notice, and/or service of the Notice, your Mechanics Lien, Stop Notice and/or Payment Bond claim maybe denied. Thus, following the Preliminary Notice requirements is critical to a successful claim. The failure to serve a Preliminary Notice, if the value of the work is greater than $400, is also a violation of the Contractor State License Law.

Thus, while the lien holder was permitted to assert his lien without a formal hearing, the land owner was entitled to a speedy hearing to determine the validity of the lien. (Id. at 822-823.)

In fact, the Court held that the lien holder's right to assert the lien without any prior hearing is constitutional precisely because it is balanced by the landowner's remedies in promptly.

SECTION III General Building Contractor 7057. (b), B&P Section 7031,7116

The parties ended up in a dispute surrounding the warranties/licensing and identities of speciality trade subcontractors performing work on the home.

The plaintiff 9 page contract addendum required that ALL contractors and sub contractor process all the necessary licensing requirements required by the State of California. (See Exhibit J1-2)

The primary contractor was required to provide the homeowner with a list of ALL SUBCONTRACTORS and material suppliers who will be performing work on the project located at: 505 Loumena Lane San Jose, California 95111.

Along with a log identifying the specific dates, for when their services will commenced and completed.

Mr. Mc Coy also agreed to provide the homeowner with signed Unconditional Waiver and Releases lien from each of his employees and any subcontractor for any portion of the work performed by his employees and any subcontractors. Within 20 days from the receipt of scheduled project completion.

For repairs that could not be performed nor warrantied by a Class B General Building Contractor License held by Aaron Mc Coy of Aaron Mc Coy Construction.

As a Class B Contractor (General Building Contractor 7057. (b) ) Aaron McCoy of Aaron Mc Coy Construction. He is limited to the following repair work per state of California Contractor Licensing Board (See Exhibit A 1 -2)

As a general building contractor may take a prime contract or a subcontract for a framing or carpentry project.

SECTION IIII General Building Contractor 7057. (b), B&P Section 7031,7116

However, a general building contractor shall not take a prime contract for any project in least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the APPROPRIATE LICENSE CLASSIFICATION OR SUBCONTRACTS WITH AN APPROPRIATELY LICENSED SPECIALTY CONTRACTOR TO PERFORM THE WORK.

A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification.

The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades.

Aaron Mc Coy Construction Co. Class B Contractor Licensing would exclude him from performing Speciality Trade Work.

Recent California legislation requires any contractor who brings a court action for the collection of compensation, to provide a Verified Certificate as proof of valid licensure during the time of the contract or work.

To identify the non- licensed subject, you will need to provide the person's full name, business name if applicable, address or location where the work is being done, type of work being.

Notice specified in subdivision c. Every contract entered into between an original contractor and subcontractor, and between subcontractors, shall provide a space for the name and address of the owner, original contractor, and any construction lender.

The question remains if Mr. Mc Coy cant legally perform ANY Specialty Trade C9 - C36 construction work. Than who performed all of this work and who was paid for it?

Since, Mr. Mc Coy flagrantly denies having enlisted the help of ANY speciality trade Sub Contractors for the repairs on the plaintiffs rental property.

Mr. Mc Coy as a General Building contractors would have had to employ all of the following Specialty Trade Subcontractors in to compliance with the law governing this state and terms and condition outlined in plaintiff 9 page contract addendum.

1. B. General Building Contractor 2. C-2 Insulation and Acoustical Contractor 3. C-5 Framing and Rough Carpentry Contractor [Effective 1-1-2003] 4. C-9 Drywall Contractor 5. C10 Electrical Contractor

6.C16 Fire Protection Contractor 7.C20 Warm-Air Heating, Ventilating and Air-Conditioning Contractor

8.C33 Painting and Decorating Contractor

9.C36 Plumbing Contractor

10.C39 Roofing Contractor

11.C54 Ceramic and Mosaic Tile Contractor

DESPITE having agreed to the contract terms outlined in Section 20 MECHANIC LIENS RELEASES Option #1 in the 9 pg contracts addendum:

Which READS: Option #1

The contractor must provide the homeowner with signed Unconditional Waiver and Releases lien FROM EACH OF HIS EMPLOYEES AND ANY SUBCONTRACTOR FOR ANY PORTION OF THE WORK PERFORMED BY HIS EMPLOYEES AND ANY SUBCONTRACTORS. Within 20 days from the receipt of scheduled project completion.

Aaron Mc Coy Construction Company received the following schedule of payments in the amount of $ 34,000.00, or the following trade specialty repair work.

Contract Price 48,000.00 - $ 1,061.00 stolen from client.

1. Contractor Deposit

( 1,000.00)

2. Progress Payment #1 Check No.# 128 (TRUSS)

( 1,000.00)

3. Progress Payment #2 Check No.# 129 (ROOF/FURNACE

/HEATING DUCTS) ( 9,000.00) 4. Progress Payment #3 Check No.# 134 (PLUMBING /STRUCTURAL) ( 2,000.00) 5. Progress Payment #4 Check No.# 135 (STUCCO/STRUCTURAL /WINDOWS/

ELECTRICAL REWIRE) (15,000.00)

6. Progress Payment #5 Check No.# 137 (TAPING/DRYWALL)

( 3,000.00)

7. Progress Payment# 6 Check No.# 139 (INTERIOR PAINT)

( 3, 000.00)

Total Progress Payments $34,000.00 made (See Exhibit H 1-6)

Furthermore, Mrs. Sanders disputed claims that she owed Aaron Mc Coy Construction Company further payments on INCOMPLETE or NOT YET PERFORMED WORK !

The last payment was issued to Aaron Mc Coy Construction was on January 7, 2007. On January 10,2007 Aaron Mc Coy Aaron Mc Coy signed 6 Conditional Releases for each one of the payments listed above. He was fired on January 14,2007. (Exhibit I1-6)

Aaron Mc Coy of Aaron Mc Coy Construction cant legally perform 96% of the work! But, has RECEIVED 75% of the contract price WITH OUT HAVING the proper Licensing Classification to perform THE NECESSARY Speciality Trade work.

Unlicensed, suspended improperly licensed contractor license was indeed been in good standing the project owner is contending that you were working outside of your designated classification.

SECTION IIII General Building Contractor 7057. (b), B&P Section 7031,7116

Section 7031 provides that an unlicensed contractor must disgorge any money paid for unlicensed activities. Section 7031 is amended to allow a court to apply the doctrine of substantial compliance to exempt a contractor from the disgorgement requirement.

(The Legislature stated that the changes made by this act are declaratory of existing law.) Statutes of 2003, Chapter 289, AB 1386, Shirley Horton, effective January 1, 2004.

TESCO CONTROLS, INC. v MONTEREY MECHANICAL COMPANY,C042184 trial court determined plaintiffs conditional waiver and release of its mechanics lien rights under Civil Code section 3262, subdivision (d)(1), released lien rights only to the extent plaintiff had received payment and not up through the date stated on the release.

Aaron Mc Coy of Aaron Mc Coy Construction Company even went so far as to file a Mechanic Lien for the monetary values associated with Speciality Trade work.

HE ALSO SIGNED A CONTRACT ADDENDUM WHICH HE CONTINUED TO ACCEPT FULL RESPONSIBILITY FOR ALL THE WORK PERFORMED IN THE SCOPE OF THE PROJECT.

Fraud governed by (B&P Code, Section 7116) , Section 7031 of the Business of Profession Code Unlicensed, suspended improperly licensed contractor license was indeed been in good standing the project owner is contending that you were working outside of your designated classification.

Unlicensed repairs. (Bars unlicensed contractor from the use of the Mechanics Lien process in California if the work required a contractor's license. If the value of the contract is $500 or more, including labor and materials, then the work usually requires a license issued by the Contractor's State License Board.

The million dollar question remains who is going to warranty and repair the craftsmanship on the Electrical Panel, Plumbing, Drywall and Paint. Since Aaron Mc Coy of Aaron Mc Coy Construction cant legally perform 96% of the work. Who did and who did I pay!

In accordance with structural defects [B&P 7091(a)(b)]. Jurisdiction for unlicensed contractors is up to four years from the date of the illegal act. [B&P 7028(d)]. See Connolly Development v. Superior Court, 17 Cal. 3d 803, 553 P.2d 637, 132 Cal. Rptr. 477 (1976).

Mr. Mc Coy unwillingness to comply with the terms and conditions has left Mrs. Sanders in a devastating position. Not only does she have a home that WILL NOT PASS a final electrical inspection with the City of San Jose Building Permits. Her home is now a potential fire hazard do to the professional negligence of Aaron Mc Coy Construction Co. And his silent subcontractors.

Health and Safety Code 17958.8 is amended to require local ordinances governing alterations to and repair of existing buildings to permit retention of the original materials and methods of construction as long as they complied with the code requirements in effect at the time of construction. Statutes of 2003, Chapter 474, AB 1034, Mullin, effective January 1, 2004.

SECTION IIII General Building Contractor 7057. (b), B&P Section 7031,7116

Now, Mrs. Sanders has stricken with worry and concern. Regarding the shoddy electrical wiring performed on her home. The plaintiffs rental property was left a in red flag position as a potential fire hazard, uninhabitable for any potential renters since January 2007.

Furthermore, Allstate Insurance Company and City of San Jose Building & Permits Department previously verified the functionality of the Electrical Panel after the initial house fire damage. There was no logical reason for Mr. Mc Coy to tamper with it since it was NEVER SUBJECT TO RENOVATION OR REPAIR. (See Exhibit K & L)

However, in its current state the client to currently being subject to the City of San Jose new code regulatory and upgrades for electrical panels. Which have resulted in the total replacement of the entire unit, do to shoddy craftsmanship and inexperience.

It is Mrs. Sanders belief that Aaron Mc Coy Construction over stepped his boundaries when he began tampering with her electrical panel. After Pacific Gas and Electric Co provided the homeowner with a Electrical Release based upon the previous electrical panel wiring and configurations. There was NEVER ANY ELECTRICAL PANEL REPAIRS ADDRESSED IN THE SCOPE OF THE WORK OUTLINED OR ANY OF THE CLIENTS CONTRACTS ADDENDUMS.

Not to mention ALL the additional for ALL the rework or unnecessary repairs performed by Aaron Mc Coy and his silent subcontractors estimated at $10 - 20,000.00

SECTION V CIVIL CODE 895, 896, B&P 7091(a)(b)

SUMMARY OF ADDITIONAL COST FOR FINAL COMPLETION

Work Needed to bring Damaged to Electrical Panel Code for Completions

a. Replacement Damaged Electrical panel $6,000.00 - $7,000.00

b. Stucco Repair after install (Estimate)

$ 2,000.00

c. ANY Additional Construction/Permits Cost Est

$ 300.00

d. Paint and Prime Area of Repair

$ 300.00

e. Misc Expenses/Material

$ 400.00

Total Estimated Completion Cost: $ 10,000.00

SUMMARY OF REIMBURSABLE/ PAID REWORK ADDITIONAL COST

aa. Attempted Repair on Electrical Panel $995.00

bb. Furnace Filter Install $102.00

cc. Roof completion Install End Caps

$400.00

dd. Roof completion material (End Caps) $167.00

ee. Plumbing Completion $1,600.00

ff. Plumbing Completion Material $600.00

gg. New Fence $300.00

hh. Debris Removal/Labor $500.00

Ii. (9) Murray Breakers $200.00

TOTAL REIMBURSABLE COST: $4,864.00

SECTION V CIVIL CODE 895, 896, B&P 7091(a)(b)

SUMMARY OF FIXED MONTHLY COST:

1. Lost of Rental Income $1,500.00 mo. (Beginning 1/8/2007)

2. Storage Unit Expense $250.00 mo.

3. PGE $50.00 mo.

4. Water $40.00 mo.

5. Garbage $40.00 mo.

DAMAGED/ STOLEN ITEMS ON PROPERTY

xi. Damaged & Missing Kitchen Cabinets $ 300.00

Xii. Stolen Missing or Lost Material Supplies (Estimate) $ 2, 000.00

TOTAL DAMAGED/ STOLEN ITEMS ON PROPERTY $ 2,300.00

On January 1, 2003, something over a score have a direct impact on the business of designing, building and financing construction projects. By far the most important is SB 800,(Construction Defects) touted as the "FIX-IT BILL." (CIVIL CODE 895 ET SEQ.)

All Mrs. Sanders electrical problems began when Mr. Mc Coy and company, REMOVED ALL THE WIRING FROM HER HOME AND DUMPED IN THE DUMPSTER. The contract ONLY INCLUDED THE FOLLOWING LOCATION NOT THE ENTIRE HOME, Master bdrm, Hall Bath, Bedroom #2.

When her Allstate insurance Co represent came to survey additional damages to incorporate in the damage report. That when we discovered that ALL THE WIRING HAD BEEN REMOVED And that the wiring, bath tub and shower pan had also been placed in the dumpster. When I had specifically instructed Mr. Mc Coy to leave these items out until the inspection was complete.

As usual Mr. Mc Coy was not on the job site managing the project. He was at home with a migraine head ache. While his personnel was destroying my home and over stepping the contractual boundaries. The client didnt find out until the damage was done.

Needless, to say Allstate Insurance DID NOT COMPENSATE Mrs. Sanders for the tub, shower or total rewire due to Mr. Mc Coy and company professional negligence.

The Contractors' License Law was enacted for the safety and protection of the public against imposition by persons inexperienced in contracting work, and for the prevention of fraudulent acts by contractors resulting in loss to subcontractors, material men, employees, and homeowner of structures. In the event of ANY wrongful act or omission causing the dispute occurred, or within the duration of any written warranty for which breach is alleged that proves the services, materials, etc. were or were not provided in accordance with the contract, plans and specifications or agreement.

In accordance with structural defects [B&P 7091(a)(b)]. Jurisdiction for unlicensed contractors is up to four years from the date of the illegal act. [B&P 7028(d)]. See Connolly Development v. Superior Court, 17 Cal. 3d 803, 553 P.2d 637, 132 Cal. Rptr. 477 (1976).

SECTION VI B&P 7116,1780(b) Penal Code 484b

Not only is Aaron Mc Coy and unlicensed contractor he is also a theft.

On October 9, 2006 I purchased $2,649.65 worth of drywall supplies. From Gypsum Drywall Supply Co. 2049 Senter Rd San Jose, Ca. 95112 Phone (408) 993-9710; on Order No.# 0585344, Document No.# I040181794 on the plaintiffs's Master Card No. XXX3011.

On December 8, 2006 Aaron Mc Coy of Aaron Mc Coy Construction returned $1,061.00 worth of material purchased on plaintiff's master card back in October 2006.

Aaron Mc Coy of Aaron Mc Coy Construction then proceeded to have the REFUND CREDIT OF $ 1,061.00 on Credit Memo, Order No.# 0590846, Document No. # I040187123 credited back to him personally!!!! (See Exhibit N 1-2)

If that wasnt bad enough the then proceeded to purchase tools to perform the drywall application!!!!! A blatant violation of Fraud governed by (B&P Code, Section 7116) cause for disciplinary action, 1780(b) (applying an extra $5,000 in damages for misrepresentation against a senior or disabled person),132. See id.; Identity THEFT: THE NATIONS FASTEST GROWING CRIME WAVE HITS SENIORS, HEARING BEFORE THE S. SPEC. COMM. ON AGING, 107TH CONG. (2002) [HEREINAFTER IDENTITY THEFT]

CONCLUSIONS

The defense and its counsel must comply with the rule and regulations governing this state in regards to Preliminary Notice, Stop Notice Mechanic Lien and Unlicensed Contract Work and Contractual Agreements

On June 12,2007 the State of California Contractors Licensing Board has launch and official investigation File No. # N A 2006 17215, Malie L. Lee Investigator. Into the Unlicensed Speciality Trade work performed and paid for the plaintiffs rental Property located: 505 Loumena Lane San Jose, California 95111. (See Exhibit L)

Contracts are a promises are what contracts are all about. A contract is made up of a promise of one person to do a certain thing in exchange for a promise from another person to do another thing. Contract law exists to make sure that people keep their promises and that if they do not, the law will enforce it upon them.

Lawyers say that it is from the moment of " consensus ad idem" that a contract is formed and may be enforced by the courts. We are asking the court to do just that, enforce the terms and conditions outlined in the State of California Civil, Business & Professional, Penal Codes. And most importantly that of the State of California Contractors Board.

The constitutional mandate is a two-way street, requiring a balancing of the interests of both lien claimants and property owners. In carrying out this constitutional mandate the Legislature has the duty of balancing the interests of lien claimants and property owners. Spinney v. Griffith, 98 Cal. 149, 151-52, 32 P. 974 (1893).

CONCLUSIONS

An owner's right to use the speediest remedy should not be lost because a claimant has won the race to the courthouse. (Id.)

Though Romak is a stop notice case, its discussion regarding preliminary notice service applies to mechanic's lien foreclosure cases as well. In California Civil Code 3097(b). California Civil Code 3097(f)(1). California Civil Code 3097(f)(3). California Civil Code 3097(n). California Civil Code 3097(l). California Civil Code 3097(m). Romak Iron Works v. Prudential Insurance Company (1980) 104 Cal. App.3d 767.

It was held that a Motion To Remove the Mechanic's Lien is the proper manner in which to challenge the validity of a mechanic's lien once a contractor has filed an action to foreclose on the lien. Citing Connolly, the Lambert court held that Connolly is premised on the availability of speedy remedies. Connolly, in Lambert v. Superior Court (1991) 228 Cal. App. 3d 383,

The Lambert court further reasoned that if a claimant may use a mechanic's lien to protect the eventual award of an arbitrator, it follows from the due process discussion in Connolly that an owner may ask the court to remove an improper lien while arbitration is pending. (Id. at 388.)

When a claimant has recorded a mechanic's lien and then secured a stay of an action to foreclose the lien, an owner must have a speedy court remedy for showing that the lien is invalid. (Id.) As a consequence, a party may move to remove an invalid lien whether or not the case has been sent to binding arbitration.( 437c, subd. (f)(2).) On appeal, we review the record of the summary adjudication motion de novo. (Lewis v. County of Sacramento (2001) 93 Cal.App.4th 107, 116.)

Without legislative action pursuant to the constitutional direction, the l statutory lien itself. See, e.g., Solit v. Tokai Bank, Ltd., 68 Cal. App. 4th 1435, 1445-47, 81 Cal. Rptr. 2d 243 (1999); Koudmani v. Ogle Enter., Inc., 47 Cal. App. 4th 1650,1655-56, 55 Cal. Rptr. 2d 330, (1996). Lien is inchoate. Cases have distinguished between the constitutional right to the lien and theThe constitutional provision is not self executing and is inoperative except to the extent the Legislature has provided by statute for the exercise of the right. Wilsons Heating & Air Conditioning v. Wells Fargo Bank, 202 Cal. App. 3d 1326, 1329, 249 Cal. Rptr. 553 (1988); Morris v. Wilson, 97 Cal. 644, 646, 32 P. 801 (1893). The court in Frank Curran Lumber. Co. v. Eleven Co., 271 Cal. App. 2d 175, 183, 76 Cal. Rptr. 753 (1969),

Recording the mechanic Lien must contain the following:

A statement of the claimants demand after deducting all just credits and offsets.

1. The name of the owner or reputed owner, if known.

2. A general statement of the kind of labor, services, equipment, or materials

furnished by the claimant. 3. The name of the person by whom the claimant was employed or to whom

the claimant furnished the labor, services, equipment, or materials

4. A description of the site sufficient for identification.

IGA Aluminum Products, Inc. v. Manufacturers Bank (1982) 130 Cal. App.3d 699 California Civil Code 3084(a).

Californias County Assessors to describe and define the precise geographic boundaries of assessors parcels units of real property for which property taxes are assessed throughout the state. Most counties have converted much of this information, including parcel maps, into an electronic format.

CONCLUSIONS

Section 3112. Any claimant who, at the instance or request of the owner (or any other person acting by his authority or under him, as contractor or otherwise) of any lot or tract of land, has made any site improvement has a lien upon such lot or tract of land for work done or materials furnished.

CIVIL CODE SECTION 3261. NO MISTAKE OR ERRORS IN THE STATEMENT OF THE DEMAND, OR OF THE AMOUNT OF CREDITS AND OFFSETS ALLOWED, OR OF THE BALANCE ASSERTED TO BE DUE THE CLAIMANT, OR IN THE DESCRIPTION OF THE PROPERTY AGAINST WHICH THE LIEN IS RECORDED, SHALL INVALIDATE THE LIEN.

Once converted, the information may be combined with other kinds of information for use in geographic information systems, which provide the ability to conduct complex comparisons and analyses useful to county assessors, other public agencies, and private entities. (See Fish & G. Code, 2855; Gov. Code, 51010.5, 51017, 65891.5; Health & Safe Code, 25284.1, 25292.4, 25299.97; Pen. Code, 3003; Pub. Res. Code, 4750.7, 30335.5; Wat. Code, 13193, 79080; see also County of Suffolk, N.Y. v. First Am. Real Estate Solutions (2d Cir. 2001) 261 F.3d 179, 186, fn. 4.)1

Courts have also been known to disallow mechanic's liens where a claimant is being dishonest.

California courts have ruled in favor of a subcontractor on slightly distinguishable circumstances, however. In Brown Co. v. Appellate Dept., the court considered circumstances very similar to those in the Romak case. In Brown Co., a subcontractor was given inaccurate information by an employee of the general contractor as to the identity of the owner and lender.

But, The California courts have addressed this question in a handful of cases. In one case, Romak v. Prudential, a subcontractor had served a timely preliminary notice on various parties, but failed to serve the actual lender on the job. Prior to serving the preliminary notice, the subcontractor had asked the general contractor whether a construction loan would be obtained by the owner.

It appears that while courts are willing to protect a subcontractor in some instances, those instances will likely be limited to the situations in which the subcontractor has made more than a passing effort to identify the true owner and lender and honestly believes that the parties to whom it sent its preliminary notice are the actual owner and/or lender.

Therefore, while a subcontractor should be aware of the above-cited law, the subcontractor should never assume that its stop notice and mechanic's lien rights will be preserved unless it timely serves its preliminary notice on the actual owner and/or lender.

It appears that while courts are willing to protect a subcontractor in some instances, those instances will likely be limited to the situations in which the subcontractor has made more than a passing effort to identify the true owner and lender and honestly believes that the parties to whom it sent its preliminary notice are the actual owner and/or lender.

Therefore, while a subcontractor should be aware of the above-cited law, the subcontractor should never assume that its stop notice and mechanic's lien rights will be preserved unless it timely serves its preliminary notice on the actual owner and/or lender.

CONCLUSIONS

Romak Iron Works v. Prudential Insurance Co. of America, 104 Cal. App. 3d 767, 163 Cal.Rptr. 869 (1980). Brown Co. v. Appellate Dept., 148 Cal. App.3d 891, 196 Cal. Rptr. 258 (1983). Id. at 900. Kodiak Industries, Inc., v. Ellis, 185 Cal. Appl. 3d 75, 229 Cal. Rptr. 418 (1986)

The recording of an INVALID MECHANIC'S LIEN or filing of a stop notice sometimes has the same effect of denying a party funds to which it is entitled throughout the course of a lengthy litigation, or alternatively, forcing such a party to agree to an unfavorable settlement to obtain funds sooner.

However, by being aware of the summary methods for removing invalid mechanic's liens and stop notices, a party may be able to gain access to disputed funds during the course of a litigation without waiting months or even years, and without giving in to the other party's demands to settle the dispute. This article, 1999, was written by William C. Last, Jr. Mr. Last is an attorney specializing in Construction Law.

A court determined a paving subcontractor and general contractor had conspired to defraud an automobile dealer through over billings and account manipulations, the court ruled the paving subcontractor's mechanic's lien was unenforceable because of the subcontractor's "unclean hands."

The court commented that mechanic's liens were essentially proceedings in "equity" where the court was entitled to apply principals of fairness in order to do "complete justice." It also held that allowing the subcontractor to foreclose its lien would "aide in the commission of a fraud," which the court would not do. Superior Lumber Company v. Sutro (1979) 92 Cal. App.3d 954.Davies Machine Company v. Pine Mountain Club (1974) 39 Cal. App.3d 18.Burton v. Sosinsky (1988) 203 Cal. pp.3d 562.

Willfully including in a mechanic's lien an amount for labor, services, equipment or materials not actually furnished to the property described in the claim, will cause forfeiture of any mechanic's lien rights.

While this does not mean that a lien can be defeated merely because it turns out at trial that the claim was filed for more than the amount the claimant was entitled to recover (absent fraud or intent), caution should be exercised in determining the proper amount of the lien claim. Lambert v. Superior Court (1991) 228 Cal. App.3d 383,Lambert, supra, at 389,California Civil Code 3123(b),California Civil Code 3118, Henley v. Pacific Fruit Cooling & Vaporizing Co. (1912) 19 Cal.App. 728.

The court can order the notice be expunged if the court finds the claimant has not established by "preponderance of the evidence" the "probable validity" of this claim. This generally means that the claimant must establish it is more likely than not that he will win on his mechanic's lien claim

Section 3261 mandate the proper method in which to accurately record a Mechanic Lien.

Unless the court finds that such mistake or error in the statement of the demand, credits and offsets, or of the balance due, was made with the intent to defraud, or that an innocent third party, without notice, direct or constructive, has since the claim was recorded become the bona fide owner of the property, and that the notice of claim was so deficient that it did not put the party on further inquiry in any manner. )

CONCLUSIONS

The Supreme Court specifically rejected the contention that the phrase "act or contract" was intended to allow a contractor to recover for work that it performed while licensed .

To the contrary, the court explained, by using the phase "act or contract" the legislature was extending - not limiting - the statutory prohibition against unlicensed contracting to cover non-contractual work.

The court noted that this interpretation is more consistent with the harshness of the statute and the strict manner in which it has been interpreted by the California courts.

The Business of Profession Code Section 7031 of the allows for an owner or another contractor to take you to court on grounds that you were not properly licensed at all times during the performance of the contract. While your license has indeed been in good standing the project owner is contending that you were working outside of your designated classification. Of course, the owner can allege anything they want but it is up to the judge or arbitrator to determine the validity of their claim.

Lawyers often use Section 7031 whenever there is a dispute. If they can prove that a contractor is unlicensed, had a suspended license, or was improperly licensed during any portion of a contract, their client can not only refuse to pay you but can go after monies that were previously paid. This can be done even though there is no dispute regarding the quality of your work.

"Section 7031 represents a legislative determination that the importance of deterring unlicensed persons from engaging in the contracting business outweighs any harshness between the parties, and that such deterrence can best be realized by denying violators the right to maintain any action for compensation in the courts of this state.

The absence of a license will also bar any claim by the contractor for breach of contract, including a mechanic's lien. Assignees of unlicensed contractors are not entitled to enforce claims of those contractors. The California Supreme Court, has stated that even if the owner knew that the contractor was not properly licensed, the unlicensed contractor may not recover what is owed.

The Supreme Court viewed the public policy so strongly that nothing could persuade the court to allow an unlicensed contractor to recover its damages. The Business and Professions Code also entitles a person who uses the services of an unlicensed contractor to file suit to recover all compensation paid to the unlicensed

contractor for performance of any act or contract. It is advised that you verify that the contractor above you in the "chain" is properly licensed the entire time the work is being performed.

Recent California legislation requires any contractor who brings a court action for the collection of compensation, to provide a Verified Certificate as proof of valid licensure during the time of the contract or work. Upon request, the Board also prepares statements of the absence of a license during a given time period, that is, a "no record verified certificate". To identify the non- licensed subject, you will need to provide the person's full name, business name if applicable, address or location where the work is being done, type of work being.

CONCLUSIONS

A Verified Certificate is a certified license history covering a specific time period. The Verified Certificate is used mainly for court actions involving contractors. It is admissible in court as prima facie evidence of the facts stated on the certificate. The document covers the last 3 years of the license status unless otherwise requested.

The registrar may apply for an injunction with the superior court of either the county in which an alleged practice or transaction took place or the county in which such person maintains a business or residence. An injunction restrains an unlicensed person from acting in the capacity or engaging in the business of contracting without a license in good standing.

The registrar may issue a citation to an unlicensed contractor when there is probable cause to believe that the person is acting in the capacity or engaging in the business of contracting without a license in good standing. The citation includes an order of abatement to cease and desist and a civil penalty of up to $15,000. Unless the board receives a written appeal within fifteen working days after the citation is served, the citation becomes a final order of the registrar. The civil penalty is paid to the CSLB.

A recent California case, called MW Erectors, Inc. v. Niederhauser Ornamental & Metal Works, Co., Inc., held that a person must be licensed during the entire period that he did the work in order to collect. MW Erectors Inc., was licensed for over a year but was not licensed for some eighteen days prior to obtaining its license. The court held that the Legislature intended that one must be properly licensed throughout the period of time that he is doing the work. Accordingly, MW Erectors Inc., lost one years worth of work totaling close to $1 million because they were not licensed for the first eighteen days. All this came in the theoretical need to protect the public.

Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars ($10,000),

or by

imprisonment in the state prison, or in the county jail not exceeding one year, or by both such fine and such imprisonment if the amount diverted is in excess of one thousand dollars ($1,000). If the amount diverted is less than one thousand dollars ($1,000), the person shall be guilty of a misdemeanor. Penal Code Section 484b.

Is then guilty of Penal Code Section 487. Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400),California protects the Right of ID theft victim to bring action or assert defense against anyone claiming a right to money or property in connection with a transaction procured through ID theft.

CONCLUSIONS

896. Standards for residential construction In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimants claims or causes of action.

Shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law.

Actionable Defects These standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage

897. Intent of standards Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, systems include, without limitation, framing, substrate, and sheathing, if any.

(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself.

For purposes of this paragraph,systems include, without limitation, framing, substrate, flashings, trim, wall assemblies,and internal wall cavities, if any.

(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak.

(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems.

(e) With respect to plumbing and sewer issues:

(d) With respect to fire protection issues:

(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause a unreasonable risk of fire.

(f) With respect to electrical system issues:

(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations.

(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products useful life, if any.

CONCLUSIONS

Mrs. Sanders rental property is currently inhabitable pursuant: Health and Safety Code 17958.8 is amended to require local ordinances governing alterations to and repair of existing buildings to permit retention of the original materials and methods of construction as long as they complied with the code requirements in effect at the time of construction. Statutes of 2003, Chapter 474, AB 1034, Mullin, effective January 1, 2004.

Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or Penal Code Section 490a. For the purposes of this title: (b) "Charge cardholder" means the person to whom a charge card is issued. California Civil Code 1748.21.

California Civil Code 1798.93 The Criminal statute of limitations begins to run when the crime is discovered. California Penal Code 803, AB 1105, effective January 1, 2004.

The Elder and Dependent Adult Civil Protection Act,

Californias extensive statutory scheme protecting elders from abuse by caretakers and others, specifically includes financial abuse as part of the definition of abuse, which is defined as taking real or personal property with [an] intent to defraud.Civil Protection Orders may be available under some circumstances for abuse or for civil harassment.

The California Consumer Legal Remedies Act, which can be used in conjunction with all other available legal remedies, specifies unfair methods of competition and unfair or deceptive acts and practices in the sale of goods or services to consumers, and includes specific enhanced penalties and protections for seniors.

Criminal sanctions are, of course, also available against perpetrators of financial abuse crimes. The California Penal Code specifically provides that crimes against elders are deserving of special consideration, and applies additional sanctions against theft or embezzlement crimes against the elderly. CAL. WELF. & INST. CODE 15600 (West 2001), Id. 15610.30(a), See id. 15657.03,See CAL. CIV. PROC. CODE 525 (West 1979).CAL. CIV. CODE 1750 (West 1998), See id. 1752.

1780(b) (applying an extra $5,000 in damages for misrepresentation against a senior or disabled person).78. See CAL. PENAL CODE 368(a) (West 1999).79. See id. 368(d).

See id. (statement of James G. Huse, Jr., Hearing on Identity Theft and Americas Senior Citizens, Senate Special Committee on Aging). See Prepared Stateme