CSLB Cites Two Dozen for Illegal Contracting in Lafayette

    Unlicensed and uninsured individuals caught in undercover sting operation

    SACRAMENTO – Alleged unlicensed contractors who arrived at a home ready to work got a surprise last week in Upper Happy Valley when the "homeowner" turned out to be an undercover Contractors State License Board (CSLB) investigator.

    On February 12-13, CSLB’s Statewide Investigative Fraud Team (SWIFT), with help from the Lafayette Police Department, went undercover to catch suspected unlicensed contractors. Posing as homeowners, investigators contacted targets from their online, print, and vehicle advertisements to set up a time to come bid on home improvement jobs.

    Of those contacted, 24 came to the site to bid on jobs like interior painting, landscaping, tree removal, pouring and paving concrete, and plumbing.

    This highest bid received over the two-days was $11,700 for landscaping services including a $3,900 down payment. The work would have included labor and materials for laying new sod and installing a new irrigation system. This suspect, along with 21 others, received a notice to appear in court for charging above the legal threshold without owning state issued contractor license.

    In California, unlicensed contractors cannot charge over $500 for labor and materials combined (Business and Professions Code (BPC) § 7028). First-conviction penalties for misdemeanor contracting without a license include up to six months in jail and/or up to $5,000 in fines. Penalties are more severe with each successive violation. A second conviction carries a mandatory sentence of 90 days in jail.

    “CSLB’s investigations should be a lesson for workers to begin the process of getting their license or to stop disobeying the law,” said CSLB Registrar David Fogt. “These operations could also be an example to homeowners that hiring unlicensed individuals is a huge risk and recourse is limited if the persons’ work is substandard or never completed.”

    Twenty-one of the suspects also received a citation for neglecting to state in their ads they were not licensed (BPC § 7027.1). Advertisements for unlicensed contractors must note that they are not a state-licensed contractor.

    In addition, eight of the bidders asked for an excessive down payment before starting work and were also written-up for that alleged violation. It is illegal to ask for more than 10 percent down or $1,000, whichever is less (BPC §7159.5 (a)(3)(b)).

    One suspect did not carry workers' compensation (WC) insurance policies to cover those working for them (Labor Code section 3700.5). This resulted in a "stop order" (a legal demand to cease all employee labor at a job site).

    All suspects were ordered to appear in court at the Contra Costa County Superior Court, 725 Court Street, Martinez, CA, 94553 on April 26, 2019, at 9:00 am.

    NOTE: All suspects are presumed innocent until their case is resolved.

    LAFAYETTE DAY 1 – FEBRUARY 12, 2019
    SUSPECT NAME
    CITY OF RESIDENCE    		 LICENSE CLASSIFICATION ALLEGED VIOLATION
    Kelvin Gurierrez Recinos
    Richmond    		 C-33 Painting and Decorating Contractor Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Jose Vega
    Brentwood    		 C-61/D-49 Tree Removal Contracting Without a License,
    Illegal Advertising
    Edgar Osorio-Hernandez
    Livermore    		 C-61/D-38 Sand and Water Blasting Contractor Contracting Without a License,
    Illegal Advertising
    Rosalba Jimenez-Luevano
    Briones    		 C-27 Landscaping Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Damin Luna Hernandez
    Briones    		 C-27 Landscaping Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Rusbaley Llene Alvarez-Lopez
    Concord    		 C-61/D-49 Tree Removal Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Marco Martinez
    El Sobrante    		 C-61/D-38 Sand and Water Blasting Contractor Contracting Without a License,
    Illegal Advertising
    Heriberto Perez Salazar
    Concord    		 C-8 Concrete Contractor Contracting Without a License,
    Excessive Downpayment
    Gerardo Guerrero Ramirez
    Richmond    		 C-36 Plumbing Contractor Contracting Without a License,
    Illegal Advertising
    Tuiono Tovo Malakai
    San Lorenzo    		 C-8 Concrete Contracting Without a License,
    Illegal Advertising
    Howard Helm
    Pleasant Hill    		 C-61/D-38 Sand and Water Blasting Contractor Illegal Advertising

    LAFAYETTE DAY 2 – FEBRUARY 13, 2019
    SUSPECT NAME
    CITY OF RESIDENCE    		 LICENSE CLASSIFICATION ALLEGED VIOLATION
    Richard Mark Sturgeon
    Concord    		 C-33 Interior Painting Contractor Contracting Without a License,
    Illegal Advertising
    Alan Mitchell Groh
    Concord    		 C-33 Interior Painting Contractor Contracting Without a License,
    Illegal Advertising
    Wael Y Abdulrahim
    Berkeley    		 C-33 Interior Painting Contractor Contracting Without a License,
    Illegal Advertising
    Emilio Ramirez Castillo
    Oakley    		 C-8 Concrete Contractor Illegal Advertising
    Alfonso Gerado Rios
    Rialto    		 C-5 Carpentry Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment,
    Workers Compensation
    Cesar Francisco Rivera Rodriguez
    Antioch    		 C-27 Landscaping Contracting Without a License,
    Illegal Advertising
    Juan Ochoa Ninapaitan
    San Leandro    		 C-8 Concrete Contractor Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Peter Joseph Shultz
    Concord    		 C-27 Landscaping Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Luis Vergara
    Bay Point    		 C-36 Plumbing Contracting Without a License,
    Illegal Advertising,
    Excessive Downpayment
    Perla Rubi Reynoso Trejo
    San Jose    		 C-61/D-49 Tree Removal Contracting Without a License,
    Illegal Advertising
    Henri Mauricio Maldonado Reyes
    San Jose    		 C-61/D-49 Tree Removal Contracting Without a License,
    Illegal Advertising
    Adolfo Aguilar
    Oakland    		 C-61/D-49 Tree Removal Contracting Without a License,
    Illegal Advertising
    Pedro Aguilar
    Oakland    		 C-61/D-49 Tree Removal Contracting Without a License

    The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. CSLB licenses and regulates almost 290,000 contractors in California and is regarded as one of the leading consumer protection agencies in the United States. In fiscal year 2017-18, CSLB helped recover over $50 million in ordered restitution for consumers.


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