Could I report this to the California Bar????

[Tony Perez Jr.]

As a contractor I had a long battle with a vindictive and angry home owner which has finally been resolved, I proved at post trial mediation that her claims were frivolous and lacked legal merit, this woman had filed a bond claim and a CSLB claim which I had immediately responded to, the CSLB found that the allegations were merit less and declined to open a claim. The surety (bond co.) took a different approach, long story short their inexperienced investigator screwed up the entire investigation and immediately sided with the home owner, investigator Sims sent some knuckle head of an inspector to inspect, he had absolved liability on 80% of the frivolous allegations and found me mostly cosmetic issues (unwarranted), I contested the decision and the surety took action against my two bonds without notifying me or properly validating any violation or default of license law.

I repeatedly requested any and all evidence from the surety and after a year of non-compliance I finally was forced to make a claim with the Department of Insurance to get some a validation as required by law. Instead of providing my requested material the bond co. had two in-house 'licensed attorney's' respond to the D.O.I. inquiry in writing.

To cover up their investigators huge legal mistakes and inappropriate actions taken against my bonds, by taking bits and pieces of the entire claims evidence these two maliciously fabricated a violation of license law "abandonment of a construction project without a legal excuse" Section 7107 this was a year after illegally taking action. These two wrote nothing but outright falsehoods, omitted legally crucial facts, actually changed dates of occurrences, and still never provided any supporting evidence. I went through this three separate times in attempt to obtain a legal verification and each time I confronted them on the specific legal issues they would change the information and their story and always evaded the specifics and relevant legal issues.

To date (two years) they have not provided one shred of evidence showing that I had deliberately abandoned the project and they continue to refuse to comply with the D.O.I.'s and (my) very specific requests, these two attorney's lied over a dozen times to make sure the charge stuck to a governing agency and I am easily able to prove this. The last fraudulent misrepresentation was documented on Jan.20 2010.

I have documented and dated evidence such as daily e-mails between the home owner and I while working, eye witnesses, and other material that prove the attorney's fraudulent acts, I was on-site and working the 10 days when the two attorney's said I had not shown up , have they overstepped their authority and what about outright lying to the D.O.I.? It's all documented in writing.

No exaggeration.... the arrogant falsehoods are in three of their correspondences to the D.O.I. and are bold as if these two are above all laws. Example: The surety absolutely was aware that the owner unlawfully terminated me on a certain date and refused to let me back to finish the job but had wrote the D.O.I. "Mr. Perez failed to show up to the job-site on these particular days and refused to work on these issues making us believe he abandoned the project" without any supporting evidence.

When I provided the daily dated e-mails between the owner and I proving that each day I was on-site in full compliance with all laws with eye witnesses watching as the owner in anger unlawfully ejected me from the job-site terminating me for no good reason, the surety's attorney's responded back by saying "we strand firm by our decisions" that's all I ever received as a legal validation.

Am I able to report these two to the State Bar? Is it ethical to lie? Is it ethical to lie under penalty of perjury to a governing agency? I'm not the first or last small contractor that has been lied about and damaged into the THOUSANDS OF DOLLARS protecting my license and livelihood from outright false (and unverified) accusation.

TonyPJR.

 

[Hot Topic]

You can certainly make a report to the State Bar. If it works as it did when I "temped" there over 10 years ago, your case will be turned over to the Office of Investigations. An investigator will be assigned to your case to gather all the necessary information; they will provide their "side" and evidence, and you will provide yours.

Attorneys can be suspended or disbarred. Since the forum is only getting your side of the story, it's impossible to tell you what the outcome will be.

 

[LtTragg]

If you report questionable actions to the state bar, you're gonna' have to be clear and specific. Your use of adjectives and adverbs makes difficult sorting through the issue that you present.

Read the bar ethics guidelines. Note CAREFULLY the differences between actions that are black/white, and actions that are gray - i. e., shoulds, vs. wills/won'ts.

EXACTLY what are the contradictions, and what provable actions are wrong. Speculating is fine as evidence, but it ain't proof of wrongdoing. Keep it simple, and clear.

Sounds like you're trying to make a case for damages WITH help from the bar. You should already have the case, WHILE the bar is working on their own investigation of your claim.