MJB Bixby Construction Co. Lawsuits

[pddadmin]

MJB Bixby vs Ty Wimbereley DBA Cabinet Concepts

1. Plaintiff owes me the sum of $$5,000.00, not including court costs, because: Plaintiff did not complete work correctly personal and

buisness tort plaintiff is not complying with amended agrement plaintiff threaten bodily to mjb personnel. - Claim Date:

09/09/2004.

2. a.

0' I have asked plaintiff to pay this money, but it has not been paid.

b.

0 I have NOT asked plaintiff to pay this money because:

3. I

0 have 0' have not filed more than one other small claims action anywhere in California during this calendar year in which the

amount demanded is more than $2,500.00.
4. I understand that
a. I may talk to an attorney about this claim, but I cannot be represented by an attorney at the trial in the small claims court.
b. I must appear at the time and place of trial and bring all witnesses, books, receipts, and other papers or things to prove my case.
c. I have no right of appeal on my claim, but I may appeal a claim filed by the plaintiff in this case.
d. If I cannot afford to pay the fees for filing or service by a sheriff or marshal, I may ask that the fees be waived.
5. I have received and read the information sheet explaining some important rights of defendants in the small claims court.
6. No plaintiff is in the military service.

-------~--------

ORDER TO

The Plaintiff WIMBERLEY, TY, DBA - CABINET CONCEPTS does not owe the Defendant MJB BIXBY CONSTRUCTION
INC. any money/property on Defendant's claim.

CLERK'S CERTIFICATE OF MAILING -I certify that I am not a party to this action. This Notice of Entry of JUdgment

The Defendant MJB BIXBY CONSTRUCTION INC. shall pay the Plaintiff WIMBERLEY, TY, DBA - CABINET CONCEPTS
principal in the amount of $925.86, plus costs in the amount of $22.00, totaling $947.86 on Plaintiffs claim.

[pddadmin]

Mark Bixby vs Mike Boyd

[pddadmin]

Bixby Trust vs Mike Drumheller

Negligence: installing gas line per contract in a timely manner ( neglected to get a written proposal

from PG&E. 2 Mo. delay

Fairly compensates defendants for said delays, negligence, misrepresentations and fraud.

[Ayatollahgondola]

Bixby vs International Citizens Alert Network

Plaintiff was to provide construction labor, materials and related
services to Defendant for the installation of commercial kiosks and
Defendant was to pay Plaintiff for such labor, materials and related
services.

[Ayatollahgondola]

Bixby vs Pat Cummings & CB Richard Ellis

At all times herein mentioned, Defendants, and each of them, negligently and
carelessly represented Plaintiffs and negligently and carelessly rendered inappropriate,
inadequate brokerage and management services; negligently and carelessly failed to properly
represent Plaintiffs and to properly protect Plaintiffs' interests by failing to perform numerous
acts, including, but not limited to, failing to properly conduct the appropriate background
investigation of potential tenants, in particular Davi Anthony Rodrigues dba Black Market,
Ayatollah of Gondola; improperly advising Plaintiffs to enter into an industrial real estate lease
with said tenant, in addition to several other inappropriate, inadequate, careless, and negligent
actions or inactions.
11. As a result of the various acts of negligence and carelessness of Defendants, and each
of them, Plaintiffs suffered damages and were deprived of and lost various rights and have
incurred fees and costs related to the prior and continued need to defend/pursue their legal rights
and remedies relating to the above-referenced tenant.

[pddadmin]

Bixby vs Rutherford

6. On August 4, 2009, the RUTHERFORDS stated in writing that they would make no
further payments under the contract until all work was completed, thereby repudiating the express terms
of the contract. On August 7,2009, the RUTHERFORDS were presented with an invoice for contract
work that was due by August 17,2009. On August 18,2009, the RUTHERFORDS were given a notice
of breach for non-payment and were given ten (10) days to cure as provided in their contract. Plaintiff
continued to work, notwithstanding the RUTHERFORDS' breach.
7. Plaintiff is informed and believes that in late August, the RUTHERFORDS contacted the
Sacramento County Building Department and insisted that a Stop Work Order be issued because a
retaining wall to be constructed in their backyard had not been permitted properly. A Stop Work Order
was issued on August 27,2009, citing, "need permits for grading and retaining wall", which prevented
and excused BKBY from performing any further work.
8. On September 3, 2009, Plaintiff terminated the contract with the RUTHERFORDS in

writing for non-payment.

4. That the interests and claims and the estates of all Defendants named herein, and each
13 of them, be determined to be of inferior priority to that of Plaintiff and subj ect to Plaintiffs lien. That

14 the Court further order that the Plaintiff, or any party to this action, may become a purchaser at sale;

THIRD CAUSE OF ACTION
(Fraud)

4

17. Cross-complainants refer to and incorporates as though
5
fully set forth herein Paragraphs 1 through 16.
6
18. At or about the time of execution of the building
7
Contract for the addition and other miscellaneous work, BIXBY
8
intentionally and/or negligently misrepresented to RUTHERFORDS,

9

that he was willing to complete all of the addition and/or the
10
repairs for the agreed Contract price of $235,904.28.
11
RUTHERFORDS have since been informed that it is BIXBY's custom
12
and practice to agree on a Contract price and then during the
13
course of construction require owners to agree to significant and
14
multiple Change Orders in order to increase what he will make as
15
profit on each job. Said intent was misrepresented and/or
16
concealed from RUTHERFORDS at the time they agreed to the
17
Contract price and signed the Construction contract.
18
19. When BIXBY made the representations to RUTHERFORDS that
19
he could, and would, complete the Contract for the agreed-upon
20
amount, BIXBY knew that he would be generating Change Orders in
21
the future. BIXBY made the representations with the intent to
22
defraud and induce cross-complainants to enter into the Contract
23
for an agreed amount, knowing that said amount would be increased
24
by Change Orders. At the time RUTHERFORDS entered into the
25
Contract, they did not know the representations made by BIXBY
26

were false and believed they were true and acted in justifiable

[pddadmin]

Posts recently made in this section, as well as copies of the referenced documents, have been moved to the documents discussion area. Link here:
http://publicdocumentdistributors.co...hread.php?t=95

This section is for original documents and description only

[pddadmin]

Public Document Distributors is seeking information in regards to any California State Contractors License Board Cases involving MJB Bixby Construction, or it's corporate owners, Mark J Bixby and Heidi Ann Bixby.

We are seeking any case numbers and dates filed, correspondence between the filer and the Contractors board, and any resolutions reached in the process.

If you have any of the requested material, please respond to this email address:

Admin@PublicDocumentDistributors.com

Or, you may also use US mail:

Public Document Distributors
PO Box 160965
Sacramento, CA 95816-0965