ATTACHMENT 11, ITEMS OF COMPLAINT

1. Contractor knowingly and falsely represented to the homeowner and the City of San Clemente that he had obtained a soils engineering report for the project he contracted to build. In reality, the contractor did not disclose to the soils engineer that he was building a 500 square foot viewing deck and a full attached bathroom. This is a crime of moral turpitude.

2. Built full attached bathroom and 2nd story deck with a C27 License. This contractor knowingly and falsely represented to the City of San Clemente that he had the appropriate licenses to build the above structures when he only had a C-27 license. In contracting with the homeowner to build the subject structures the contractor also knowingly and falsely represented to the homeowners that he was fully licensed to do the work that he contracted to do. This is a crime of moral turpitude.

3. The engineering company hired to do the plans for what we thought was our complete project, were given plans that did not show the complete project. They gave us a copy of the complete plans they received from Toussieng Landscape Company. Plans that were submitted to them OMITTED the pool and 164 ft viewing wall. They were given plans that did not show a large 45 foot long pool was being placed next to the deck and bathroom that they were contracted to engineer. Plans that were submitted to them OMITTED the pool and viewing wall. It then came to our attention that a second engineering company had worked on our job. This fact was unknown to us. Likewise, the other engineering company was hired to engineer the pool and viewing wall and once again the plans that were submitted to them OMITTED the 4500sq. foot deck and bathroom. Therefore, both engineering companies did a report NOT based upon knowing the complete scope of the landscaping job or allowing them the opportunity to take these other construction details into consideration when completing their engineering report of recommendations. Shouldn’t an engineering report be given based on all the surrounding factors of the landscape project?

4. City of San Clemente issued 10 violations to contractor on 9/18/07. He has yet to repair any of them. (see attached)

5. Contractor induced Homeowners to sign contract for his services with a promise that he would be on the job site to supervise employees through out the day. Contractor generally was on the job for one or two hours only each day, leaving his workers unsupervised all day long and did not return to inspect the work for that day.

6. Payment schedule not within guidelines set by state. For example, collected $128, 410.00 within the first ten weeks of the job. The job was to take at least six months at a total price of $327, 990.00.

7. Contractor in inducing homeowners to enter into his contract spoke of his personal relationship with City building inspectors for San Clemente. Contractor indicated that he would give baseball tickets to building inspectors and that this relationship resulted in his work inspections going more smoothly.

8. Poured cement wall around existing wood frame playhouse without sufficient space for drainage and aeration for playhouse walls. There should have been at least one foot of space between concrete walls and the playhouse walls. It is impossible to inspect drainage leading potentially to standing water up against playhouse and ultimately decay of the wood

9. Drain pipe from sink in barbeque area to the house was not laid deep enough. PC piping sticks out of cement

10. Poured concrete straight to house without required rebar. Expansion material not used between cement slabs and foundation of house and between cement slabs.

11. Electrical ground is run to a tin rain gutter pipe.

12. Bathroom step is 3 inches too high and is not to code. Contractor then ran electrical outlet right next to toilet.

13. Pool tile was installed with improper grouting materials and not to contractor’s specifications. Resultantly, many tiles cracked within a few weeks. Surface of water feature was uneven and not measured to the plan. This resulted in a shoddy, unsightly and uneven tile installation. Contractor then told homeowner that for him to fix the job to the homeowner would have to pay him extra to hire a competent tile installer.

14. Six drains located in the backyard and the side yards were not installed in violation of approved plans. Contractor then stated that he unilaterally and consciously made the decision to omit the drains. What actually occurred was that contractor failed to place the underlying pool plumbing deep enough to allow for the drains which were to be installed above the pool plumbing. Then there was not enough clearance for the drain pipes to be installed.


15. Finished cement in various sections is sloped towards house instead of away causing water to pool next to house.

16. Wrong pipe material was used for gas lines.

17. Gaps in the roof of the bathroom will cause water damage. Contractor then claimed that the wood he measured had shrunk, that it was not his fault and that he would do nothing about it.

18. Drain openings not covered or protected causing them to clog with cement when cement was being poured.

19. Pressure tests removed from gas and water lines.

20. Drain pipe installed by contractor is not SDR-35 as required by plans. Then the drain pipes were not glued together as required by the plan. Contractor then gave the excuse to the homeowners that he purposefully did not glue the drain pipes (which are now under cement) together as by not doing so they would be more flexible in the shifting soil.

21. Contractor put too many conductors into 1/2 pipe causing sheathing on wires to fray.

22. Wires for heating lines by palm trees are unprotected.

23. Contractor falsely represented to building inspectors that work was done correctly. Building inspectors were induced to sign off on grossly deficient work.

24. Contractor kept all inspection cards and plans from job site with him. He finally returned them after several demands were made.

25. No drain installed in pool equipment area.

26. Improper location of conduits and pipes in pool equipment area. There is only
24 inches in front of pool equipment area but at least four feet is required.

27. Side yard has step with no light that was not in plans.

28. Deck coating was placed for water proofing instead of tar and paper. Cannot provide deck ICBO or ICC number.

29. Didn’t place waterproof flashing paper against house when attaching deck.

30. Water proofing materials not used in all areas of the pool as required in plans.

31. Soil reports not done for bathroom and 2nd story deck.

32. Pre-cast pieces have irregular widths and bowed or curved edges.

33. Cuts where pre-cast pieces are to meet are not consistent in being “plumb” or “level.” *Contractor charged homeowner for precast cement which was to be prefabricated for the homeowners plan. Rather than having the pieces prefabricated to conform to the subject plan, Contractor took pieces that were discarded from other jobs and attempted to cut them to fit homeowners plan. This resulted in a precast job with pieces that do not match and vary in width, color and texture. This precast job is so poor in quality and appearance that three different building personnel have brought it to the homeowner’s attention on their own without being asked about it. Subsequently, other contractors consulted about the job have confirmed the fact that the precast job was of unacceptable quality.

34. Installation of pre-cast wall caps, steps, borders, etc.: numerous irregular grout joints are evident. It appears that pre-cast material is of different materials and/or lots with different textures and color. Precast then was not sealed by contractor as per normal practice.

35. Cored curb for drains not provided to right of driveway. Drain system as constructed has standing water in it.

36. Contractor needs to provide minimum 4 inch clearance to openable windows from heater vent.

37. Two drains in the front yard are filled with standing water. This is a breeding ground for mosquitoes and other bacteria.

38. Required a $5, 000.00 deposit to start job. It is our understanding that $1, 000.00 is the maximum amount due at the start of a job.

39. Per the soil report section 3.6 patio slabs should be a minimum of five inches thick. Sub-grade materials should be compacted to a minimum of 90% relative compaction to a minimum depth of 18 inches. The patio slab that was poured is approximately 3 inches thick.