Complaint Review: All California Movers - BK's Moving And Storage - Milpitas California

I had a conversation with a representative from the licensing division at the California Public Utilities Commission, Transportation division. The representative was able to verify that BK's Moving and Storage was not issued an active permit until November 18, 2005 -- two weeks after our move. They also indicated that the company's license was suspended as of 4/17/2006. I also spoke with Dave Rose at BK's Moving and Storage today regarding settlement of the dispute. I informed him that my minimum acceptable remuneration would be a full refund of monies paid to the company - $6,342. I am also looking for attorneys who may be able to litigate this claim, either individually or as a class action.

Below is a copy of the letter I sent to All Bay Movers, AKA BK's Moving and Storage, on April 4, 2006: April 4, 2006 Dear Mr. Kibrom, Your company performed our move from Brentwood, CA to San Marcos, CA on November 4, 2005. We felt it quite unfortunate that the transaction did not execute as smoothly as either of us expected. During the move, your staff had offered to extend your resources to bring the transaction to an amicable conclusion. Because we have not heard from your office since the day of our second shipment, I have had no other option than to research our rights as stated under California State Assembly Bill 845 (Vargas), chartered in 2003. Because we would prefer not to pursue this matter in Superior Court, we would sincerely appreciate a response from your office concerning the issues outlined below (excerpts are from the chartered text of AB 845). 5133. (a) No household goods carrier shall engage, or attempt to engage, in the business of the transportation of used household goods and personal effects, by motor vehicle over any public highway in this state, including advertising, soliciting, offering, or entering into an agreement regarding the transportation of used household goods and personal effects, unless the following is satisfied: (1) For transportation of household goods and personal effects entirely within this state, there is in force a permit issued by the [Public Utilities Commission]. (b) A household goods carrier that engages, or attempts to engage, in the business of the transportation of used household goods and personal effects in violation of subdivision (a) may not enforce any security interest or bring or maintain any action in law or equity to recover anymoney or property or obtain any other relief from any consignor, consignee, or owner of household goods or personal effects in connection with an agreement to transport, or the transportation of, household goods and personal effects or any related services. A person who utilizes the services of a household goods carrier operating in violation of subdivision (a) may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to that household goods carrier. We have been in contact with the Public Utilities Commission, and they were able to verify that your company was not in possession of an active Household Goods Carrier Permit on November 4, 2005, the date of our move. 5142. (a) Except as provided in Section 5133, a household goods carrier in compliance with this chapter has a lien on used household goods and personal effects to secure payment of the amount specified in subdivision (b) for transportation and additional services ordered by the consignor. No lien attaches to food, medicine, or medical devices, items used to treat or assist an individual with a disability, or items used for the care of a minor child. (b) (1) The amount secured by the lien is the maximum total dollar amount for the transportation of the household goods and personal effects and any additional services (including any bona fide change order permitted under the commission's tariffs) that is set forth clearly and conspicuously in writing adjacent to the space reserved for the signature of the consignor and that is agreed to by the consignor before any goods or personal effects are moved from their location or any additional services are performed. (2) The dollar amount for the transportation of household goods and personal effects and additional services may not be preprinted on any form, shall be just and reasonable, and shall be established in good faith by the household goods carrier based on the specific circumstances of the services to be performed. Under section 5142. your office was required to provide a written, not to exceed price before any work was performed. This was never provided by your agents. (c) Upon tender to the household goods carrier of the amount specified in subdivision (b), the lien is extinguished, and the household goods carrier shall release all household goods and personal effects to the consignee. (d) Any person having possession or control of household goods or personal effects, who knows, or through the exercise of reasonable care should know, that the household goods carrier has been tendered the amount specified in subdivision (b), shall release the household goods and personal effects upon the request of the consignor or consignee. (e) Nothing in this section affects any rights, if any, of a household goods carrier to claim additional amounts, on an unsecured basis, or of a consignor or consignee to make or contest any claim, and tender of payment of the amount specified in subdivision (b) is not a waiver of claims by the consignor or consignee. (f) Any person injured by a violation of this section may bring an action for the recovery of the greater of one thousand dollars ($1,000) or actual damages, injunctive or other equitable relief, reasonable attorney's fees and costs, and exemplary damages of not less than three times the amount of actual damages for a willful violation. (g) Any waiver of this section shall be void and unenforceable. Because your agency did not provide a written, not to exceed price (violation of section 5142.b) , and because your agency increased the price of the move after your company had possession of our belongings (violation of section 5142.e), we believe your employees did engage in a willful violation of AB 845, section 5142. 5311. (a) Every household goods carrier and every officer, director, agent, or employee of any household goods carrier who violates or who fails to comply with, or who procures, aids, or abets any violation by any household goods carrier of any provision of this chapter, or who fails to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or of any operating permit issued to any household goods carrier, or who procures, aids, or abets any household goods carrier in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, requirement, or operating permit, is guilty of a misdemeanor, and is punishable by fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than three months, or both. If a violation is willful, each willful violation is punishable by fine of not more than ten thousand dollars ($10,000) or by imprisonment in the county jail for not more than one year, or both. While we certainly do not wish to undergo the hassle of pursuing this matter in Superior Court, we do believe that your company did engage in a willful violation of Section 5142 of AB 845, while your company was not in possession of an active Household Goods Carriers Permit from the Public Utilities Commission. While we are still exploring our legal options, we believe that the Court's review of the circumstances surrounding our move would demonstrate a willful violation on the part of your employees. To date we have paid your company $6,342 to perform our move almost twice our promised flat rate. The provisions outlined in section 5142 would entitle us to pursue monetary damages of at least $6,342 (because BK's Moving and Storage did not have an active permit on file as of the date of our move), or not less than $19,026 plus attorney's fees (should a jury find evidence of a willful violation of Section 5142), should we successfully pursue this matter in court. Please be assured that it is our intention to resolve this matter according to the standards of good faith between a customer and a service provider. With that in mind, we would appreciate a response indicating your idea of a successful conclusion by April 21, 2006.