Appliance Repair Invoice California

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					                           BEFORE THE 

                DEPARTMENT OF CONSUMER AFFAIRS 

       FOR THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR 

                      STATE OF CALIFORNIA 



In the Matter of the Accusation and                          Case No. Al 2008290
Petition to Revoke Probation Against:

LEON FRISMAN AND SEMEN FIKHMAN,
principals, doing business as
F&F APPLIANCE DOCTORS
Registration No. A41668

and

LEON FRISMAN and SAM FIRHMAN
principals, doing business as
AFFORDABLE APPLIANCE CLINIC
Registration No. A43137

                                  Respondents.


                                   DECISION AND ORDER

               The attached Stipulated Settlement and Disciplinary Order is hereby
adopted by the Director of Consumer Affairs and the Bureau of Electronic and Appliance
Repair as the Decision and Order in the above entitled matter.

       This Decision shall become effective on              J"Ul~ 23, aOlA     

       IT IS SO ORDERED --'O"'-"'6!.L/2 3u..../.>L,09"---_ __ 

                                     ....


                                                              fJ.~
                                                             PATRICIA HARRIS
                                                             Acting Chief Deputy Director
                                                             Department of Consumer Affairs
     EDMUND G. BROWN JR., Attorney General
        of the State of CaJi forni a
 2   LINDA K. SCHNEIDER
        Supervising Deputy Attorney General
 3   LORETTA A. WEST, State Bar No. 149294
        Deputy Attorney General
 4   110 West "A" Street, Suite 1100
     San Diego, CA 92101
 5
     P.O. Box 85266
 6   San Diego, CA 92186-5266
     Telephone: (619) 645-2107
 7   Facsimile: (619) 645-2061
 8   Attorneys for Complainant
 9                                 BEFORE THE
                         DEPARTMENT OF CONSUMER AFFAIRS 

10              FOR THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR 

                               STATE OF CALIFORNIA 

11

12   In the Matter of the Accusation and                     Case No. Al 2008 290
     Petition to Revoke Probation Against:
13
     LEON FRTSMAN AND SEMEN FIKHMAN,
14   principals, doing business as                           STIPULATION IN SETTLEMENT
     F&F APPLIANCE DOCTORS                                   AND DISCIPLINARY ORDER
15
     8 l41 Engineer Road
16   San Diego, CA 921 11
17   Registration No. A41668
18   and
19   LEON FRISMAN and SAM FIRHMAN,
     principals, doing business as
20   AFFORDABLE APPLIANCE CLINIC
21   8141 Engineer Road
     San Diego, CA 92111
22
     Registration No. A43137
23                                      Res ondents.

24                  IT IS HEREBY STIPULATED AND AGREED by and between the parties to the

25   above-entitled proceedings that the following matters are true:

26                                                PARTIES
27                  1.      Rick Fong, Chief of the B,ureau ofEJectronic and Appliance Repair

28   (Complainant) brought this action solely in his official capacity and is represented in this matter
     by Edmund G. Brown Jr., Attorney Gcneral of the State of California, by Loretta A. West,

 2   Deputy Attorney General.

 3                 2.      Respondent Leon FJisman and Semen Fikhman (principals) doing business

 4   as Affordable Appliance Clinic, and Respondent Leon FJisman and Sam Firlmlan (principals)

 5   doing business as F & F Appliance Doctors, are represented in this proceeding by Jeffrey A.

 6   Vinnick, Esq., Haight Brown & Bonesteel, 6080 Center Drive, Suite 800, Los Angeles, CA

 7   90045, and, Amel Esposito, Esq ., Haight Brown & Bonesteel, 550 West C Street, Suite 1760,

 8   San Diego, CA 92101-3545.

 9                 3.      On or about October 19, 1999, the Bureau of Electronic and Appliance

10   Repair issued electTonic and appliance service dealer registration No. A43137 to Affordable

11   Appliance Clinic: Leon Frisman and Semen Fikham (principals) (hereinafter refened to as

12   Respondent Affordable Appliance). The appliance repair service dealer registration was in full

13   force and effect at all times relevant to the charges brought in First Amended Accusation and

14   Petition to Revoke Probation No . Al 2008290 and will expire on October 31, 2009, unless

15   renewed.

16                  4.     On or about March 21, 1994, the Bureau of Electronic and Appliance

]7   Repair issued electronic and appliance service dealer registration No. A41668 to F & F

18   Appliance Doctors; Leon Frisman and Sam Firhman (principals) (hereinafter refened to as

19   Respondent Appliance Doctors). The appliance repair service dealer registration was in full

20   forcc and effect at al1 times relevant to thc charges brought in First Amended Accusation and

21   Petition to Revoke Probation No. Al 2008290 and will expire On March 31, 2010, unless

22   renewed.

23                                           JURISDICTION

24                  5.     On June] 2, 2008, the Accusation and Petition to Revoke Probation

25   No. Al 2008290 was filed before the Bureau of Electronic and Appliance Repair (Bureau).

26   The Accusation and Petition to Revoke Probation and all other statutorily required documents

27   were properly served on Respondents on June 11,2008. Respondents timely filed their Notice of

28   Defense contesting the Accllsation and Petition to Revoke Probation.


                                                     2
                    6.      On March 12, 2009, the First Amended Accusation and Petition to Revoke

 2   Probation No. AI 2008290 was filed before the Bureau of Electronic and Appliance Repair.

 3   The First Amended Accusation and Petition to Revoke Probation superceded and replaced the

 4   original Accusation and Petition to Revoke Probation. The First Amended Accusation and

 5   Petition to Revoke Probation is currently pending against Respondents. The First Amended

 6   Accusation and Petition to Revoke Probation and all other statutorily required documents were

 7   properly served on Respondents on March 12,2009. A copy of the First Amended Accusation

 8   and Petition to Revoke Probation No . Al 2008290 is attached as exhibit A and incorporated

 9   herein by reference.

10                                    ADVISEMENT AND WAIVERS

11                  7.      Respondents have carefully read, fully discussed with counsel, and

12   understand the charges and allegations in the First Amended Accusation and Petition to Revoke

13   Probation No. Al 2008290. Respondents have also carefully read, fully discussed with counsel,

14   and understand the effects of this Stipulated Settlement and Disciplinary Order.

15                  8.      Respondents are fully aware of their legal rights in this matter, including

16   the right to a hearing on the charges and allegations in the First Amended Accusation and

17   Petition to Revoke Probation; the right to confront and cross-examine the witnesses against them;

18   the right to present evidence and to testify on their own behalf; the right to the issuance of

19   subpoenas to compel the attendance of witnesses and the production of docun1ents; the right to

20   reconsideration and court review of an adverse decision; and all other rights accorded by the

21   California Administrative Procedure Act and other applicable laws.

22                  9.      Respondents voluntarily, knowingly, and intelligently waive and give up

23   each and every right set forth above.

24                                             CULPABILITY

25                  10.     Respondents admit the truth of each and every charge and allegation in the

26   First Amended Accusation and Petition to Revoke Probation No. Al 2008290.

27   III

28   III


                                                       3
                     11.    Respondents agree that their electronic and appliance service dealer

 2   registrations, Nos. A43137 and A4l668, are subject to discipline. Respondents agree to be

 3   bound by the Director's imposition of discipline as set forth in the Disciplinary Order below.

 4                                            CONTINGENCY

 5                   12.    This stipulation shall be subject to approval by the Director of the

 6   Department of Consumer Affairs (Director). Respondents understand and agree that counsel for

 7   Complainant and staff of the Burcau may communicate directly with thc Director regarding this

 8   stipulation and settlement, without noticc to or participation by Rcspondcnts or their counsel. By

 9   signing the stipulation, Respondents understand and agree that they may not withdraw their

10   agreement or seek to rescind this stipulation prior to the time the Director considers and acts

11   upon it. If the Director fails to adopt this stipulation as her Decision and Order, this Stipulated

12   Settlement and Disciplinary Order shall be of no force or effect, except for this paragraph, it shall

13   be inadmissible in any legal action bctwcen the parties, and the Director shall not be disqualified

14   from further action by havirig considered this matter.

15                   13.     The parties understand and agree that facsimile copies of this Stipulated

16   Settlement and Disciplinary Order, including facsimile signatures thereto, shall have the same

17   force and effect as the originals.

18                   14.     In consideration of the foregoing admissions and stipulations, the parties

19   agree that the Director may, without further notice or formal proceeding, issue and enter the

20   following Disciplinary Order:

21                                        DISCIPLINARY ORDER

22                   IT IS HEREBY ORDERED that:

23                   1.      Electronic and appliance service dealer registration No .. A43137 issued to

24   Respondent Affordable Appliance Clinic, Leon Frisman and Semen Fikhman (principals), is

25   revoked.

26                   2.      Electronic and appliance service dealer registration No. A41668 issued to

27   Respondent F & F Appliance Doctors, Leon Frisman and Sam Firhman (principals), is revoked .

28   III


                                                        4
                     3.       Respondents shall lose all rights and privileges as electronic and appliance

 2   service dealers in California, as of the effective date of the Director's Decision and Order.

 3                   4.       Respondents shall cause to be delivered to the Bureau of Electronic and

 4   Appliance Repair both their wall service dealer registration certificates and, if issued, pocket

 5   registrations on or before the effective date of the Decision and Order.

 6                   5.       Should Respondents file a future application for registration or'licensure,

 7   or a petition for reinstatement in the State of California, the Bureau of Electronic and Appliance

 8   Repair shall trcat it as a petition for reinstatement. Respondents must comply with all thc laws,

 9   regulations and procedures for reinstatement of a revoked registration or license in effect at the

10   time such petition is filed, and ' all of the charges and allegations contained in the First Amended

11   Accusation and Petition to Revoke Probation No . Al 2008 290 shall be deemed to be true,

12   correct and admitted by Respondents when the Bureau of Electronic and Appliance Repair

13   determines whether to grant or deny the petition.

14                   6.       Should Respondents ever apply or reapply for a new license, registration

15   or certification, or petition for reinstatement of a registration or license, by any other licensing

16   agency in the State of California, al1 of the charges and allegations contained in First Amended

17   Accusation and Petition to Revoke Probation, No. Al 2008290 shall be deemed to be true,

18   correct, and admitted by Respondents for the purpose of any Statement ofIssues or any other

19   proceeding seeking to deny orrestrict licensure.

20                   7.       Respondents shall, jointly and severally, pay the Bureau of Electronic and

21   Appliance Repair its costs of investigation and enforcement in the amount of $38,271.00 before

22   any Respondent is eligible to petition for reinstatement or apply for a new registration or license.

23                   8.       Respondents shall, jointly and severally, pay restitution to the following

24   consumers before any Respondent is eligible to petition for reinstatement or apply for a new

25   registratioi1 6r license, as follows :

26                   MICHAEL ANG                             $ 295.00 


27                   ROSS COOPER                             $ 745.00 


28                   MARY DENHART                            $ 280.00 



                                                         5
                    FLORA JACKMAN                          $ 300.00

2                   PATRICIA KASZAS                        $ 579.00

 3                  NANCY KOEHLER                          $ 300.00

 4                  JAMES MARTIN                           $ 244 .00

 5                  MARCIA NAY                             $ 1,235 .00

 6                  DAVID SHORE                            $ 239 .00

 7                  FRITZ & DIANE STOCKER                  $ 461.00

 8                  MARVIN SUSSMAN                         $ 348.00

 9                  MARION TIDMARSH                        $ 539.00

10                  RILEY WATSON                           $ 262.00

11                                         TOTAL:          $5128.00

12   Respondents shall provide to the Bureau satisfactory proof of said payments before any

13   Respondent is eligible to petition for reinstatement or apply for a new license.

14                  9.      Respondents shall not have any involvement in an appliance service dealer

15   business that is holding the registration for the benefit of any Respondent. Any appliance service

16   dealer who holds the registration for the benefit of any Respondent may have their registration

17   disciplined.

18                  10.     Respondents shall not directly or indirectly, use, sell, trade, or lease, any

19   business name containing the words "Affordable Appliance Clinic", "Affordable Appliance",

20   "Affordable", "Appliance Doctors", "Doctors", or any similar word or name which is likely to be

21   confused with Affordable Appliance Clinic or F & F Appliance Doctors or that may reasonably

22   lead to confusion among consumers or misrepresent that Respondents are doing business.

23                  11.     Respondents shall not directly or indirectly, use, sell, trade, or lease, any

24   telephone numbers that were previously used by Respondents' businesses including, but not

25   limited to, the following : (619 or any other area code) 282-2083; (619 or any other area code)

26   435-2425; (619 or any other area code) 440-8262; (858 or any other area code) 277-8385, or any

27   similar numbers that spell out the words "Affordable Appliance Clinic", "Affordable Appliance",

28   "Affordable", "Appliance Doctors", "Doctors", or any words that may lead to confusion among


                                                       6
~ay-1S-09   01:09pm      From-HAIGHT BROVm BONESTEEL LLP                             +310-215-7300                        T-456            P.02/03                  F-586
                                                                                                                           1 0,   ' ''''''''9,../1'-   ' 1 -1 :'.   I ....   ~_"""'." .. ,   _




                             con4Ufl.')a~ or IIU..'l:rq>reaent that Rapon.ci.e:;1U· lie   d4illB PU$ilI'l09S   ~   an   o}ocUonic and appliwre

                       2 
 clR"Vice 6.oaJet.


                       4
                       I nl1Yc cDfcfuUy r~ rJ)f> Gl)c;ne SUplJ..II~lOC! SClltloml1}l~ "",d Di.c:jplin~ ~ ~C:I 


                       5 
 :m\l~ fu!fy ~i3C~lJSc:d It w!1h uty attorn~, J~fierey Yi'QIU~k            ll.nd Amel BfOpositt>. 1 ~cnd lht; 

                       6
    ~ti.plllarian   IWd \:he effea it will hoJve an tny ~c and ~plianc:e sefVict 4ee.ler ~~on. 1 

                       7 
 cote.r iolC thii StipulliUld Sertlemroz      ~   DisciplilllltY Order volu:l:ltarily. k:tlQ'IIfingly, lind 

                       S
    in~ligcntly, II)~    *,ee 10 he OOUAd by the: DeciiiolllU'ld (W.I:(' ofltle S\I.I'(laU ofEl~ic Ilfld 


                       9 
 Applitmcc'Repair-

                      10 
 DATBD:             5"-1     Z -0 q
                      11 


                      12 

                      13 


                      14 


                      15 

                      Iti
                      17 
 have fully di.cUltaed it W1tb my       ~((orneya, Jat'fcrey    VimUck IltI41 MI61 ~1O. I \IJlduntlanl11bc
                      1 8 
 lltiplllatjoa aIld tbH~r it WlU Mve on z:ny cl~o IIlld appliauc~ servicc dealer reg1sU'ation.
                      19 
 1 efJtc:;- Into l~ Sli-pulated Sl:lCtl~~ and Diljl;ipl~ Or4tr'VotlmtaPlY> \::n.ow'insly. zmd
                      20 
 intcIli~:r. ana lj;t'O/) \I) hI') ~o\lnd .by the Dt3Ci~on IWl Order ofu"e 'B'ut'e1U 'ofElearonil: alld
                      21 
 Appll~ Rt;palT.

                      n PATED~ ~                  !~     Q~
                      23 

                      24 
                                                                    nn1l1pll
                                                                         AFfORDABrJ!. APPWANCE CLINlC
                      15 
                                               Cl)d F 8:. F ~PL.IANCB- nOrrORS
                                                                         R.espo~ts
                      Z~
                             '"
                      27 
 /11
                      .2,8   III 



                                                                                      7

May-I8-09 01: lOpm   From-HAIGHT BROYIN BONESTEEL LLP                        +3 10-215-7300          T-456   p,03/ 03   F-586




                                       (ha.ve read and fully 4l~J.lS6od wirhLeon Fn~fW ana SQTlen Fikhman. alia
                        known a, SIlnI Firbam. th~ l~ml8 ood conditions .nQ other mlln«ll c()D~i.Q.Cl3 in Ib~ I!boye
                        Stij>ul~ SemcmC[ aru1.Dl~p!.inaly        Otdtar. J appro~ il$ fcmn and coutcnt.
                        DATED: -:)"- \ b c: q


                                                           ~~~H~eht Brown & l)OQ.CSlCo!
                                                              Attorney for ~"detll

                        DATBP: ~_~_ _ _~_



                                                              AM!! ESPOSITO, :SSQ:.
                                                              H,"~ht Brown & Bo~~ol
                                                              J\,.tto(UL:Y   fOr ll~ndant



                                                                tiNPDRS1!MlNI
                                      Thfl,foresoi118 S!tipt,t.1AflUf Sen]elll~ and Ojtciplina;y O«l4 iJj.hpt~by ~utfuUy
                        Buba;,~ rot collSlaenu.ion by   the aun;AJl of Elec\l'onic ~ Apptiaw-e lU::p~ir.
                        D.A-TED        5'/, (/0;
                                             7
                                                              ~PMUND Q. BR.OWN ffi.           , Attorney Gmens]
                                                              oftlu:. S~ I,lf Californi~




                                                             1iiiJ=;J;+
                                                              LlNDA Ie. SCHNEIDER




                                                              Dapu.ty AI1Otl:1q Oeuc;al
                                                              J\.,ttOmeys for Comp laillant

				
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Description: Appliance Repair Invoice California document sample