This case was a rather large, and all encompassing action brought by the Doty's as plaintiffs against Bixby as defendant, for violations of business and professions code section 17200. The Doty's hired MJB Bixby for some home repairs which were alleged to have been faulty. An alleged faulty roof repair led to mold growths which were believed to have inflicted health ailments upon Mrs Doty. During the prosecution of the case, the Doty's gathered evidence of MJB Bixby and Mark Bixby's business practices. The case takes up several volumes in the public file, and includes transcripts, declarations, and evidentiary items. The case was settled with MJB Bixby paying the Doty's $185,000.00, and included the Permanent Injunction
already uploaded onto this forum.
5. I found that Mr. Bixby had a duplicitous nature to his personality. In the
13 beginning, Mr. Bixby was very charming and gracious, even excessively so. For lack of
14 a better word, he was very "chummy" and behaved - from the very start - in a way that
15 would have suggested we had been confidents for a number of years. That was especially
16 true when Mr. Bixby was negotiating and entering into the contract with Greg. Later, as
17 expressed below, Mr. Bixby became very angry, accusatory, confrontational, threatening,
18 and verbally abusive. I also witnessed Mr: Bixby in a state of heightened agitation
19 toward his workers, demonstrating very physically threatening behavior while he was
20 screaming, yelling, and waving his arms while approaching each of them quickly and
21 forcefully. After my fIrst threatening encounter with Mr. Bixby, it became increasingly
22 diffIcult to reach Mr. Bixby by phone. When I did manage to reach him, he was
23 belligerent and argumentative, digressing frequently into unreasonable and purely
24 fantastic accusations.
DECLARATION OF BRIAN CARVER