Alpha M. Sanders 3534 Feller Avenue San Jose, California 95127 Phone: (408) 272-3753
September 20, 2007
COMPLAINT
Ref: SUPERIOR COURT OF SANTA CLARA COUNTY Case No.# 107- CV- 084587
ADA Title II: State and Local Government Activities
PLAINTIFF PROFILE
Plaintiff Alpha M. Sanders profile: My mother is 75 years of age today. She has right side paralysis which limits her physical movement and her ability to write and extensive material. Recently a tracheotomy was performed were she now has to rely on the aide of a passing mere valve in order to speak.
Therefore, due to the multiple disabling physical impairments, she has been forced to rely on her children to assist her in preparing legal documents in the legal action outlined below.
Since, this time her daughter Deirdre Sanders has researched and prepared documents to assist her in protecting her rental property, from her former contractor and his legal counsel.
JUDICIAL OSTACALS
On July 12, 2007 the defendant Christine Kawomoto of the Ison Law firm motioned the court via Demurrer to Unverify her Complaint. My mother had just recently been released from the hospital and as unable to attend this proceeding. So her daughter Deirdre Sanders went to the court for ask for and extension. It was granted.
After the proceeding Carlos Martinez a principle at the Ison law firm, abruptly addressed the plaintiff's daughter and began threatens her with legal actions. For unlawfuly acting in the capacity of a attorney.
Furthermore, demanding the Mrs. Sanders daughter remove a consumer complaint made against his client on the consumer website www./rippoff.com. Because she informed other consumers about Mr. Mc Coy's unlawful use of proceeds from a credit card transaction on her mother's personal credit card.
JUDICIAL OSTACALS
He did just that on September 6, 2007 Ms. Sanders received a letter from the County of Santa Clara District Attorney Office from Deputy Stanley R. Volyes, informing her that she will be prosecuted for B&P 6126 if she doesn't cease & desist helping her mother.
This letter comes on the same day that the Ison Law firm received at their copy of my mother's Amended Complaint. And on the same day that Christine Kawomoto was suppose to appear at The State of California contractors Arbitration hearing on her clients behalf. Neither party was present the trail proceeded without either party.
An award was granted panel. in favor of my mother for $12,500.00 for the repair of her electrical, by Arbitrator Mark Lopez of The State of California contractors Arbitration Case No. AN2007-056.
It appears that Carlos Martinez, Christine Kawomoto of the Ison Law firm have no problem aiding and abetting their client in performing and illegal act of elder financial abuse or defrauding the judicial system for the financial gain of their firm.
Judge Kevin Mc Kenney informed the plaintiffs daughter that she can not draft any responses on her mother's behalf. When all she was trying to do was to inform the court of her mother's medical condition. Judge Mc Kenney also informed the plaintiff daughter that she could no longer fill out and responses for her mother.
A ruling that has provided my mother with very little legal recourse in the civil court procedure, since she doesn't qualify for any type of legal assistance because she owns real property. And can not afford legal representation due to lost of rental income because of the defendants substandard unlawful repairs to her electrical panel.
Since, this time my mother has been hospitalized once again. Making it even more difficult to retain Christine Kawomoto. Because she is now in physical therapy 3 times a week. because of the need for her to be present for the initial interviews.
So, the real question is how exactly is my mother suppose to protect herself, these predators.
STATEMENT OF FACTS
On or about July 25, 2006 the Plaintiff Alpha M. Sanders entered into a written contract to remodel her fire damaged home with the defendant Aaron Mc Coy of Aaron Mc Coy Construction Company. Who misrepresented himself to be a newly licensed contractor. Which the plaintiff found to be quite the contrary. Aaron Mc Coy has a very colorful criminal pass painted with numerous litigations involving substandard contract work and material suppliers.
The defendants defrauded the plaintiff out of $34,000.00 in unlicensed Speciality Trade work and another $1,100.00 in a credit card fraud transaction.
When he received payment for 75% of the contract price, when he couldn't legally perform 96% of the work! As a Class B General Building Contractor he must hire Licensed Sub Contractors for Speciality Trade work.
The contractor was to provided the homeowner with a list of ALL SUBCONTRACTORS and material suppliers performing work on the project ; with a log identifying the specific dates, for when their services will commenced and completed; along with lien releases for payments received. (See Exhibit J2)
He did not.
He willfully violated the terms and condition in section on page 1 Section 1 License. Of the 9 page contract addendum requiring (ALL contractors and sub contractor posses the necessary licensing requirements required by the State of California.
In doing so he deprived the plaintiff out of a total of $150,000.00 in Surety Bond Warranties as well as 24 months of Service Warranties. For repairs required to be performed by licensed subcontractors.
Resulting in a dispute for breach of contract, warranties for unlicensed speciality trade subcontractors. On January 10,2007 Aaron Mc Coy Aaron Mc Coy signed 6 Conditional Releases totaling $34,000.00 for payment made for licensed subcontractor work.
He was fired on January 14,2007, his last payment was January 10, 2007.
On March 27, 2007, to filed an INVALID MECHANIC LIEN and incorporated paid unlicensed contract work and materials in the his amount due,
There are no MATERIAL COST associated with his claim since this was a LABOR ONLY CONTRACT. See sections 6 & 12 in the plaintiff's 9 page contract addendum.) (SEE EXHIBIT J 1-2)
Defendants's and his Christine Kawomoto of the Ison Law firm generated vastly different dollar amounts owed. In their two letters of intent to lien.
STATEMENT OF FACTS
On February 1, 2007 Aaron Mc Coy 1st request stated to be the monetary valued owed of $ 20,164.89 in LABOR & MATERIAL. See Exhibit E1
The second request was for $8, 500.00 sent via email on February 22, 2007 Exhibit G), 3RD request is the mechanic lien for $10,000.00. (See Exhibit B)
Not deducted from the offset & credits for the Mechanic Lien were accumulated $9,000.00 in penalties. At a rate of $1,500.00 6 day @ per day commencing on January 8, 2007ending on day of termination January 13, 2007.
Nor was the $4,864.00 in rework to complete unfinished unlicensed Specialty Trade work that the defendant has already been paid to perform. See Exhibit P 1-12 or the $10,000.00 for the repair of the Electrical Panel.
The defense counsel states on pg 4 line 13 of Ms. Kawomoto Cross Complaint for Breach of Contract Foreclosure of Mechanic Lien) That this same $20,164.89 from the 1st letter of intent to lien, that was reported as LABOR & MATERIAL. But NOW it's principal with a interest rate of 10% per annum from March 27, 2007 to date of entry of judgement.
The 20K is either LABOR & MATERIAL or ATTORNEY FEES it can not be both! (ยง1689.5. Definition) "Services" means work, labor and services, Section 1802.1, regardless of the purpose for which they are taken, but does not include the services of attorneys.
Christine Kawomoto and the Ison Law firm padded the return on the principle $10,000.00. By falsely claiming that at a interest rate of 10% per annum would return AND ADDITIONAL $10,000.00.
In order to achieve such a return on $10,000.00 principle balance the interest rate would have to 110.00% over a one year 342% over 6 mos period. At the state rate of interest the defendant would only yield and additional $1,000.00 in a 12 month period, NOT $10,000.00.
On pg 5 line 5 Of Christine Kawomoto Cross Complaint for Contract Foreclosure of Mechanic Lien states: "Cross Complainant to become purchaser at foreclosure sale."
The evidence becomes very clear that Christine Kawomoto Ison Law firm, and Aaron Mc Coy Aaron Mc Coy Construction Company.
Willfully utilized deceptive Business Practices to defrauding the court and vex ailing disable senior citizen into believing that she owed the defendants $10,000.00 for labor and material and $10,164.89 in interest on a principle amount of $10,000.00 over a 6mo. - 1 year period.
In essence the values included are attorney fees and unlicensed contract work. Both which are excluded from the Mechanic Lien process.
We would appreciate your assistance in this matter. My mother's lively hood is dependent upon your help,
Thank your for your time and consideration .
Sincerely,
Deirdre Sanders
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