- Report: #85359
Complaint Review: Keith Lindeke Construction Co - Capitola California
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Author Not Confirmed
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Keith Lindeke Construction Co
1002 Balboa Ave. Capitola, 95010 California, U.S.A.
Phone:
831-479-8585
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Keith Lindeke Construction Co Asked contractor for a review & bid, He sued me for "consulting." We NO signed contract, no aggreemt. to pay for a bid., He lied in court & won. I am appealing Capitola California
I asked plaintiff for a review and bid of previously done BAD construction work, which I could also use in a settlement conference. He aslso offered his servicxes if we had to go to court as a witness to the poor construction previously done.
He wrote a letter based on my court papers,code enforcement letters notes, inspection reports, CSLB letters and code violations that I gave him to facilitate his bid.(August 12 2003)By Sept.19 he had not given me the bid yet to give to my lawyer for the settlement conference and to redo my house. I also needed my paperwork back for court prep.
He emailed me stating that if I wanted the photos and letters back I would have to pay him $500 cash .When I did not respond, he left a message 2 days later asking for at least $300 cash for my paperwork. I considered this comparable to"extortion" but had no choice but to pay him since he had confidential information, credit card purchases, bank info.,original building permits, blueprints, engineering plans etc.
that I needed for court and to redo my house and was afraid he might accidently "lose" or misplace the information.Since I paid him for my own work back, I wanted something out of it and still asked for the Bid that I could use in court. I never received it.
My attorney asked me for his phone number so that he could question him re: the findings at my house in case we actually went to court. Mr. Lindeke told my attorney that he was not available to help me. My attorney told me he was a flake and as a courtesy to email him that we would not need his bid or help in court.
We settled out of court. I emailed Keith politely telling him we would not need him further. 10 days later I got a threatening letter with a packet stating that he had done all the work. In the packet were backdated bids , dated on the date that I dismissed him, phoney backdated letters to my attorney stating that I had hired him.I had never seen these previously.
My attorney wrote a letter stating that we never hired him and that he never received the letters, again there was NO contract. He sent me a letter stating that he had done this before. Agreed to help someone and then they would not pay him.
My thoughts are that he does this habitually, charges for bids saying that they are "CONSULTING" fees. We went to small claims court, he lied and said that I hired him in the first 15 minutes of our conversation to act AS A CONSULTANT. He made up hours of work that he claimned to have done in preparation for court.
He said thatI made him review the paperwork over and over to get it right for court. We didn't even know if we were going to court, we hoped to settle out of court, which we did. He apparently thought he would slide by got to court and get paid for just talking(like a days wages)Then when we settled and I said I wasn't interested in his bid, since I had already waited 3 months for it,and he told my attorney he was not interested, he got MAD and decided to get some money anyway.
Since I had been involved for 3 years of a lawsuit, he knew I was NOT up for any more mental anguish and stress and figured I would pay him just to get him out of my life. I would have forgotten the $300, but was not willing to fork over $1800 plus court costs which he threatened in his letter. So we went to court , he lied.The judge gave me back the $300 and costs for damages that he did at my house, but said I had to pay him $1050 for all the consulting.
He has since sent me another threatening letter, stating that if I appeal he will get ME for perjury, slander,liable,extortion,and causing him to become disabled and pay for his hospital bills and lawyers fees.
He says he now has a witness nad is making all sorts of new crap. What do I do???? Court is in 3 weeks.
Thank you
Dianne
San Jose, California
U.S.A.
He wrote a letter based on my court papers,code enforcement letters notes, inspection reports, CSLB letters and code violations that I gave him to facilitate his bid.(August 12 2003)By Sept.19 he had not given me the bid yet to give to my lawyer for the settlement conference and to redo my house. I also needed my paperwork back for court prep.
He emailed me stating that if I wanted the photos and letters back I would have to pay him $500 cash .When I did not respond, he left a message 2 days later asking for at least $300 cash for my paperwork. I considered this comparable to"extortion" but had no choice but to pay him since he had confidential information, credit card purchases, bank info.,original building permits, blueprints, engineering plans etc.
that I needed for court and to redo my house and was afraid he might accidently "lose" or misplace the information.Since I paid him for my own work back, I wanted something out of it and still asked for the Bid that I could use in court. I never received it.
My attorney asked me for his phone number so that he could question him re: the findings at my house in case we actually went to court. Mr. Lindeke told my attorney that he was not available to help me. My attorney told me he was a flake and as a courtesy to email him that we would not need his bid or help in court.
We settled out of court. I emailed Keith politely telling him we would not need him further. 10 days later I got a threatening letter with a packet stating that he had done all the work. In the packet were backdated bids , dated on the date that I dismissed him, phoney backdated letters to my attorney stating that I had hired him.I had never seen these previously.
My attorney wrote a letter stating that we never hired him and that he never received the letters, again there was NO contract. He sent me a letter stating that he had done this before. Agreed to help someone and then they would not pay him.
My thoughts are that he does this habitually, charges for bids saying that they are "CONSULTING" fees. We went to small claims court, he lied and said that I hired him in the first 15 minutes of our conversation to act AS A CONSULTANT. He made up hours of work that he claimned to have done in preparation for court.
He said thatI made him review the paperwork over and over to get it right for court. We didn't even know if we were going to court, we hoped to settle out of court, which we did. He apparently thought he would slide by got to court and get paid for just talking(like a days wages)Then when we settled and I said I wasn't interested in his bid, since I had already waited 3 months for it,and he told my attorney he was not interested, he got MAD and decided to get some money anyway.
Since I had been involved for 3 years of a lawsuit, he knew I was NOT up for any more mental anguish and stress and figured I would pay him just to get him out of my life. I would have forgotten the $300, but was not willing to fork over $1800 plus court costs which he threatened in his letter. So we went to court , he lied.The judge gave me back the $300 and costs for damages that he did at my house, but said I had to pay him $1050 for all the consulting.
He has since sent me another threatening letter, stating that if I appeal he will get ME for perjury, slander,liable,extortion,and causing him to become disabled and pay for his hospital bills and lawyers fees.
He says he now has a witness nad is making all sorts of new crap. What do I do???? Court is in 3 weeks.
Thank you
Dianne
San Jose, California
U.S.A.
1 Updates & Rebuttals
Keith Lindeke Const Co
Capitola,California,
United States of America
A rebuttal to a lie to save my good name and reputation
#2REBUTTAL Owner of company
Mon, June 21, 2010
I was begged by a Diane Chaichi 3-4 times to help her with a court case. Some one did some work on her house and butchered it. She kept begging with me to help her because time was running out of time for her to take the case to court. I told her that I had to finish the work that I was doing and then I had to have an extreme back surgery. I gave in and told her up front that I'd be an expert witness for her and her lawyer, but she had to promise me that she'd pay me if she won or lost. She quarnteed me she would. She even said she was involved in a court case aganist the other contractor in her complaint in this forum. Common sense would tell yu that if it was in that stage of the situation that she needed someone to be a witness for her about the shoddy work that was done. I wouldn't and couldn't have given her a bid for work because I'd be recuperating from the back surgery for 6 months. So it proves that what she sai in her complaint that she was lying about it.
I took pictures and wrote up a report for her and her attorney and told her that I needed to be paid for half of the work before I gave her the information. (I gave all of her paper work back to her.) And be paid the other half after I went to court. If I just gave the nformation tothe attorney I knew I'd never see a cent for the work I did. She won the case with the work and informaion I did for them. Shecalledmeand told me that they won and I didn't need to go to court for them. When I asked to be paid she told me that her attorney toldher notto pay me. I took her to court and wo. She appealed it, but I was recuperationg from the surgery and couldn't go to court. So that's why she sai that she wonin court.I have the papers from the first trial say I won and that she owed me the money.
So not only did she rip me offfor the money she wrote this complaint about the situation, where I lost several jobs because of it.
Tipical lawyer, he won the case and got paid only because of the workthat I did and won't have if I didn't and then compeledhis clientnot topay me or helping them. I needed the money and had to go back to work to soon and hurt my back and got nerve damage in my back that caused permanent numness in my feet.
In 40 years of construction work I have never had one complaint about anything that I did, either fo rthe work or the way that I conducted my business. This is slander plain and simple. I would have sued both her and her lawyer if I wasn't so sick. And because of that back surgery I go a staff infection that almost killed me and left me with severe nerve damage in my back that effects both legs and feet.
Just goes to show you that no good deed goes unpunished.
