MJB Bixby Construction Co. Lawsuits

[Ayatollahgondola]

This thread will display the lawsuits involving MJB Bixby Construction Co., or Mark J Bixby filed in Sacramento County. Mark Bixby's companies have been involved in over 50 different cases, and several different Contractors License Board Complaints. Each week, we will add up to 3 cases. The cases posted will include Superior Court, Small Claims Court, and Unlawful Detainer Court. We are also tryiing to obtain more records from Unemployment cases and a few other authorities as well, which are not usually included in the count of cases overall, but are worthy of publication

[Ayatollahgondola]

Rexell Electric sued Bixby for damages relating to goods supplied to a jobsite that were secured by a lien on Bixby's Customer's real property.

though fully set forth herein.

7 8. Within the last two years, Plaintiff entered into an

8 agreement ("Agreement") in writing with MJB and Does 1 through

9 25, whereby Plaintiff agreed to and did furnish to MJB certain
10 electrical materials, equipment and supplies and MJB and Does 1

11 through 25 agreed to pay for same.

12 9. Pursuant to the Agreement, MJB and Does 1 through 25
13 promised to pay interest on overdue balances at the rate of 1~%
14 per month, plus costs of collection, including reasonable

15 attorneys' fees.

16 10. Plaintiff has fully performed all of the terms and

17 conditions on its part to be performed pursuant to the Agreement.

18 11. Although demand has been made, MJB has failed and

19 refused to pay to Plaintiff any of the amounts due for the

20 materials furnished by Plaintiff to MJB, in breach of the

21 Agreement.

22 12. As a result of MJB's breach of the Agreement, Plaintiff

23 has been damaged in the total sum of not less than $15,181.66,

24 together with interest thereon at the rate of 1~% per month from

25 August 25, 2004, plus reasonable attorneys' fees and costs.

[Ayatollahgondola]

This case was filed by Plaintiff Fire Insurance Exchange over another customer of MJB Bixby's who had contracted with MJB to build his house in El Dorado County. MJB Bixby and property owner Marty Depaoli became embroiled in another lawsuit over Depaoli's charges that MJB would not finish the work, and was failing to pay sub-contractors who were filing leins on his property. Fire Insurance Exchange sought to recover compensation for property that was removed from Depaoli's home while it was under MJB Bixby's care. The Depaoli case will be listed in a different post

(description of reasons for liability):
Plaintiff refers to, and incorporates herein, the allegations of
its First Cause of Action as if fully set forth. Plaintiff is
informed and believes that the property was removed by the defendants
from the premises intentionally with the intent to deprive Marty and
Allison DePaoli of their property and with the intent to obtain an
unjust enrichment to the defendants.

[pddadmin]

Bruce Toelle was one of MJB/Bixby's earliest tenants in a large warehouse. After moving out of the building, MJB Bixby sued Toelle for damages. The first document details the complaint.
The second Document is the Toelle counter-suit, or cross complaint.

[Ayatollahgondola]

This was a long case. The Ernce's contracted with Bixby for a kitchen remodel among other work on a home in Sacramento. The complaint for breach, Intentional misrepresentation, Trespass, and violations of business and professions codes, also included a lein expungement in which a judge ruled intent to defraud by Bixby. Events detailed within these case documents also caused the MJB Bixby Contractors license to be suspended, and a disclosure of violations listed on the State Contractors License Board website. The California State Attorney General prosecuted the violations in conjunction with the California State Contractors Board.

14 they were not going to leave, that Bixby knew the law and had every right to be in the Ernces'
15 home because of the signed contract. Concerned for her physical safety, Lynn told Bixby that she
16 would call the police if Bixby did not leave. Bixby told Lynn to go ahead and call the police

26 cBixby also yelled repeatedly about how much money the Emces owed Bixby. At first, Bixby
27 claimed the Ernces owed $10,000. By the time the police arrived, Bixby was shouting that the
28 Ernces owed $20,000. Bixby repeatedly threatened to lien the Ernces' home and to sue them,
all the while refusing to leave despite Lynn's repeated and constant requests that Bixby leave. When
2 the officer arrived, he permitted Bixby to remove tools and materials, and stayed with Lynn until
3 ~Bixby left.
DOCSSC1:3060553 -12-

[Ayatollahgondola]

This post will have more attachments from the Ernce case. These include a letter from Bixby to Ernce, Ernce petition to court to release lien, and the first judgement to release the first lein, and a notice of related case when the ernces discovered another homeowner suing for substantially similar claims

[Ayatollahgondola]

Accoustical Engineers sued Bixby for Breach of Contract, and then to forclose on a lein they placed on a property owned by one of Bixby's customers.

Pursuant to the Agreement, AE was entitled to receive for its labor, services, and
20 materials the amount of $6,986.
21 8. Thereafter, during the course of construction, until approximately June, 2004, AE
22 diligently prosecuted work on the Property at the direction and supervision of said Defendants.
23 Although agents of BIXBY have confirmed that they do not dispute AE fully performed all
24 obligations under the Agreement, and although demand for payment was made by AE for its
25 services, Defendants ignored those demands and refused to pay the amounts due.
26 9. AE has duly completed and performed all things to be done, in connection
27 with the terms of the Agreement. Any terms or conditions of the Agreement not performed by

28 AE are and have been waived and excused by Defendants.