CPUC Investigations Result in Enforcement Actions and Fines Imposed on Moving Companies

SAN FRANCISCO, June 12 -- The California Public Utilities Commission issued the following news release:

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 2014, 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

Roger Craig Powell, dba Powell Express (MTR 191090) based in Sunnyvale, was fined $2,500 for the following violations:

1. Operated as a household goods carrier without CPUC authority

2. Failed to procure and maintain cargo insurance, Public Liability and Property Damage Insurance, and workers' compensation insurance

3. Advertised as a household goods carrier without a valid permit

4. Various MAX 4 violations

5. Failed to report gross revenue for 2nd and 3rd Quarter 2013

Ping Shui Xue, dba Zhong Xin Moving Company (MTR 190741) based in San Francisco, was fined $2,500 for the following violations:

1. Operated with a revoked authority

2. Failed to procure Public Liability and Property Damage Insurance

3. Advertised as a household goods carrier without valid CPUC authority

4. Various MAX 4 violations

Phone Disconnections

As part of its ongoing efforts to clamp down on illegal moving companies, the CPUC had telephone service shut off to two moving companies operating in California without a household goods permit. These companies continued to advertise and hold themselves out to engage in the business of transporting used household goods, notwithstanding CPUC staff directives to immediately ease and desist unlawful acts and to obtain a household goods permit:

1) Earl Stiglbauer & Jesse Green dba Downtown Movers & 3 Brothers Moving (Unlicensed): Both companies advertised and offered moving services on the Internet without a permit. The advertisements list two phone numbers. Notwithstanding CPUC Cease and Desist letters directing the carriers to immediately cease all unlawful advertisements and operations, the companies continued to violate the law. On January 27, 2014, CPUC staff obtained a Finding of Probable Cause signed by an Orange County Superior Court Judge ordering the disconnection of telephone service to the two numbers advertised and used by the companies to violate criminal laws in California.

2) McGuire Movers, San Francisco (Unlicensed): This company advertised and offered household goods moving services on the Internet. Notwithstanding CPUC Cease and Desist letters directing them to immediately cease all unlawful advertisements and operations, the company continued to violate the law. On February 7, 2014, CPUC staff obtained a Finding of Probable Cause signed by a San Francisco County Superior Court Judge that ordered the disconnection of telephone service to the number advertised and used by the company to violate criminal laws in California.

Criminal Actions

* James Carlos Smith, Jr., dba Swift Moving and Delivery Service, Escondido (Unlicensed): The San Diego County District Attorney's Office filed a three-count misdemeanor complaint in San Diego Superior Court for violations of Public Utilities (PU) Code 5133 (two counts) and PU Code 5314.5 (one count), and operating and advertising without CPUC authority. On March 17, 2014, Mr. Smith pled guilty to one count of PU Code 5133. Mr. Smith will serve three years of probation and he agreed to pay the victim $365 in restitution.

* Update - Vadim Bayramov dba Hermes Movers, San Diego (Unlicensed): The San Diego County District Attorney's Office filed a four-count misdemeanor complaint in San Diego Superior Court for violations of PU Code 5133 (three counts), PU Code 5314.5 (one count), and operating and advertising without CPUC authority. The defendant did not show for arraignment on July 15, 2013. On February 25, 2014, Mr. Bayramov pled guilty to one count of violating PU Code Section 5133.

* Chris Viboch and CV Services, Inc., dba CV Pickup and Delivery Service, San Diego (Unlicensed): On March 3, 2014, the San Diego County District Attorney's Office filed a four-count misdemeanor complaint in San Diego Superior Court for violations of LC 3700.5 (two counts), PU Code 5133 (two counts), and operating and advertising without CPUC authority. Arraignment date was on March 12, 2014, and the defendant pled not guilty.Overcharges and Refunds

CPUC staff assisted and/or directed moving companies to refund consumers more than $21,000 for overcharges and other violations of the Maximum Rate Tariff 4 in the first quarter of 2014.

Official Notice

The following company was issued an Official Notice for advertising and operating without a permit: Juan Ortega Baltazar, dba Ortega's Delivery Service, Garden Grove (MTR 191081).

Cease and Desist Notices

The following were among the companies issued Cease and Desist notices for operating and advertising without a valid permit (unlicensed, revoked, or denied) 4 in the first quarter of 2014:

1. Samuel Hunt and Darryl Whitis, dba S&D Moving & Delivery, Palm Desert (Unlicensed)

2. Jesse Green, dba 3 Brothers & A Truck, Midway City (Unlicensed)

3. James Smith, dba Swift Moving and Delivery, Escondido (Unlicensed)

4. CV Services, Inc., dba CV Pickup and Delivery Service, San Diego (Unlicensed)

5. Campus Storage LLC, Manhattan Beach, (MTR 191045)

6. Garry Jordan, dba Garry's Moving Services, Fair Oaks (Unlicensed)

7. Traditional Moving Company, Alhambra (Unlicensed)

8. Mark Cook, dba San Jose Movers, San Jose (Unlicensed)

9. Back Breaker Movers, Santa Maria (MTR 190443)

10. Pineda Paz Moving, S. San Francisco (MTR 190650)

11. Lenin Arevalo, dba Street Riderz, Lincoln (Unlicensed)

12. Patrick Green, dba P&J's Delivery Service, Huntington Beach (Unlicensed)

13. Keller Bros Moving, Inc., Temecula (Unlicensed)

14. Markis F. Stone, Jr., dba Bubbas Moving Company, San Diego (MTR 190605)

15. Jonathon Sheridan, dba Coast Movers, Carlsbad (Unlicensed)

16. A Cherry Move Inc, dba AAA Discount Moving & Storage, Cerritos (MTR 191126)

17. KBS Moving Inc., dba, Korean Town Best Service Co., Los Angeles (MTR 189927, Revoked)

18. Linda Ayala, dba Payless Movers LP, Anaheim (MTR 190510)

For more information on the CPUC, please visit www.cpuc.ca.gov.

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