MJB Bixby Construction Thread Discussion

[Ayatollahgondola]

MJB/Bixby Construction Company has many public documents available to review. To date, there has been well over 50 lawsuits in Sacramento county that involve this company, and the owner, Mark J Bixby. The first document for viewing or downloading is a copy of a settlement that includes a permanent injunction and permanent restraining order. This lawsuit was brought in the interest and for the protection of the general public.

Pursuant to Business and Professions Code sections 17203, Bixby, and each of them, are hereby permanently restrained and enjoined from directly or indirectly:
a. Violating Business and Professions Code Sections 17200, et seq.; and
22 b. Committing Any Illegal Acts During the Conduct of Litigation.

i. The term "Violating Business and Professions Code Sections 17200, et seq.,"
6 shall include, but not be limited to. the following: all unfair business practices, including
7 but not limited to, false advertising; fraud; intentional misrepresentation; insurance
8 fraud; mail fraud; wire fraud; assault; battery; stalking; forgery; illegal payments; bribery;
9 attempted bribery; illegal threats against or harassment or intimidation of customers or
10 other parties entering into contracts with Bixby; trespass; theft; conversion of property;
11 intentional infliction of emotional distress; conducting Contracting Business or Mold
12 Remediation Business under the influence of prohibited substances, intentional
13 reckless, grossly negligent conduct of Construction Business or Mold Remediation
14 Business other than in accordance with industry standards or code or governmental
15 permitting or inspection requirements; and filing or maintaining mechanic's liens which
16 lien is subsequently expunged pursuant to Civil Code Section 3118 that overstate the21 a. Violating Business and Professions Code Sections 17200, et seq.; and
22 b. Committing Any Illegal Acts During the Conduct of Litigation.

23 5. Mark J. Bixby and MJB/Bixby Construction, Inc., are permanently
24 restrained and enjoined from contacting, molesting, attacking, striking, threatening,
25 assaulting, battering, telephoning, sending any messages to, stalking, following,
26 destroying the personal property of, disturbing the peace of, keeping under
27 surveillance, blocking the movements in public places or thoroughfares of, and entering
28 onto the real property of Deborah Doty, Robert Doty, Alexander Nicholas Doty, or

23. Doty agree not to actively solicit or encourage Bixby's future customers to
16 pursue legal action against Bixby or deliver to them a copy of the Stipulated Final
17 Judgment, Consent Decree, and Permanent Injunction. Bixby acknowledge that the
18 injunction is a public document and will be available to the general public. Bixby agree
19 that Doty are not responsible for future or present customers who learn about the

20 injunction through public sources. In addition, Doty may discuss the injunction with the
21 persons and companies whose projects and transactions have been the subject of this
22 action or who are involved in the circumstances that are the subject of this litigation.
23 Except for returning original documents to their owners, Doty agree that they will not
24 release the evidence they have acquired in this litigation to third parties unless under

25 subpena or court order to do so.

[Ayatollahgondola]

This file is a copy of a ruling in Sacramento court in the Ernce vs. Bixby case.

The motion to expunge the second mechanics' lien is granted. The Ernces
have shown the second lien contains willful mistatements by including
charges not furnished for the property described in the lien and was
filed with the intent to defraud. C.C. 0 3118.
This

[Zack2]

Rexel Norcal was dismissed because it was barred by a prior settlement where Rexel sued fro $29,360, which was disputed and settled for $5,600 which was paid by Bixby construction.

[Zack2]

Fire insurance exchangev. MJBBixby Construction was dismissed in exchange for Bixby waiving its right to recover costs from FIE. They had no case.

[Ayatollahgondola]

Originally Posted by Zack2

Fire insurance exchangev. MJBBixby Construction was dismissed in exchange for Bixby waiving its right to recover costs from FIE. They had no case.

Hmmmm. Don't remember seeing that in the file at the courthouse. I posted this one and as I remember it, the settlement was sealed.

[Zack2]

What the poster of this comment does not tell you is that MJB/bixby's attorney knew the lien included attorneys fee and sued to Enforce it. When the motion was filed he failed to dismiss the mechanics lien claim and failed to to oppose the motion.
What the Ayatolla also fails to disclose is that Bixby has a $105,414.37 judgment against him which is now Over %140,000 wiht interest.

[Zack2]

Ayatolah does not tell you that this action was dismissed after Bixby filed a motion to have it dismissed. Again he failes to mention the $105,000 judgment that Bixby has against him

[Zack2]

What Ayatola fails to highlight judgment was entered pursuant to written stipulation for entry of this Final Judgment without the taking of evidence, and without trial or adjudication of any facts herein, and without this Stipulated Final Judgment, Consent Decree, and Permanent Injunction constituting any evidence or admission by said Defendants regarding any issue of fact alleged in said Complaint, First Amended Complaint, or Second Amended Complaint, Defendants having denied each and every allegation in said Complaints;

[Ayatollahgondola]

Originally Posted by Zack2

What Ayatola fails to highlight judgment was entered pursuant to written stipulation for entry of this Final Judgment without the taking of evidence, and without trial or adjudication of any facts herein, and without this Stipulated Final Judgment, Consent Decree, and Permanent Injunction constituting any evidence or admission by said Defendants regarding any issue of fact alleged in said Complaint, First Amended Complaint, or Second Amended Complaint, Defendants having denied each and every allegation in said Complaints;

So which is it Zack2? As I read it, it says Bixby does not deny the allegations. Did you miss that?

4. Bixby neither admits nor denies the allegations of the Plaintiffs in this
9 proceeding.

[Ayatollahgondola]

Originally Posted by Zack2

What the poster of this comment does not tell you is that MJB/bixby's attorney knew the lien included attorneys fee and sued to Enforce it. When the motion was filed he failed to dismiss the mechanics lien claim and failed to to oppose the motion.

Didn't see that in the judges ruling anywhere. Also didn't see Bixby appeal that..uh...injustice. Probably had his hands full with Contractors License Board complaints and other lawsuits at the time, so should we give him credit for that? Naw, c'mon now....that wouldn't be fair to the Ernces. They won the judgement, right?

Originally Posted by Zack2

What the Ayatolla also fails to disclose is that Bixby has a $105,414.37 judgment against him which is now Over %140,000 wiht interest.

Ha! That is true Zack2. You've heard of the term "Toxic Assets" right? I would say that's what that judgement is.

Ask them if they'll accept food stamps.