MJB Bixby Construction Co. Lawsuits

[Ayatollahgondola]

This case filed by the insurance company for one of Bixby's Contracting business customers, alleged Fraud, misrepresentation, Violation of unfair competition law, negligence, and breach of contract.

25. Plaintiffs are informed and believe that BIXBY and DOES 1 through 50. by
6 way of further example and not by way of limitation. agreed to undertake specific work
7 in the INSURED HOMES, represented to the INSUREDS and FIRST AMERICAN that
8 they had in fact performed specific tasks, and thereafter submitted invoices to the
9 INSUREDS and FIRST AMERICAN for the costs and labor associated with this work,
10 when in fact BIXBY and DOES 1 through 50 knew that each of these representations
11 were false, that they had not, nor had the ever intended to, perform all or some of these
12 specific tasks, and that their invoices were fraudulent.

[Ayatollahgondola]

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.
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DECLARATION OF BRIAN CARVER

[Ayatollahgondola]

This reply space is to accomodate more uploaded documents from the Doty case.

My partner called Mr. Bixby on his cell phone. This time he answered. He seemed
shocked to hear from Brian. To summarize their brief discussion: Mr. Bixby informed
my partner that he had already placed a lien on the property and said that at no time
would he be interested in discussing the billings any further. He became quite belligerent
at this time, stating that [fwe did not pay the amount currently owed (how much this was,
of course, he would not say) then we would end up paying $15,000.00 or more. When
my partner inquired what this $15,000.00 amount was, Mr. Bixby's exact words were,
"Well, just don't pay and you'II find out" My partner pressed him again to explain, and
Mr. Bixby only replied that we would see.
Note: As it turns out, Mr. Bixby had filed a mechanic's lien on the property on
Thursday, February 15,2001, the day after the meeting he had scheduled and at which he
was conspicuously absent.

The incident began after I had been in the exercise room about 40 minutes. I had
finished using an exercise bike, and walked to the water fountain, when Mr. Bixby
approached me. I did not recognize him immediately. He stated, "You are fucking with
the wrong person. You do not know who you are dealing with. I will make you very sorry
for what you are doing."
I did not hear him clearly, and ~sked him to repeat what he said. He repeated his
statement, finishing by calling me "dick." I began to realize who he is. I told him my
name is "Robeli." At that point, he said, "No, it's dick. You are an asshole."
I told him I intend to assert my rights. He stated his position, repeatedly calling me
"dick." I told him he had called me "dick" 12 or 13 times, and asked him to stop. He
stood very close to me. He then told me, "You are in my personal space, dick. If you
touch me, I will make you very sorry."

[Ayatollahgondola]

this reply is to accomodate even more document uploads from the Doty case

30. When my wife and I raised questions or complaints about the work of Mr.
Bixby and Bixby Inc., Jvfr. Bixby became extremely aggressive, threatening, intimidating,
harassing and hostile toward my wife and me on several occasions. On those occasions,
among other things, :Mr. Bixby used highly abusive and threatening language toward us.
31. For example, attached to this Declarationas Exhibit 10 are Michelle's
handwritten notes of telephone conversations. As the notes indicate, in one conversation,
1'Ir. Bixby threatened to "bury" and "kill" me. I was standing in the yard talking with :M:r.
Bixby on the cellphone. Michelle informed me that she could overhear:M:r. Bixby's
statements clearly (as did a neighbor standing in the yard) because:M:r. Bixby was
screaming so loudly on the telephone.
32. Those and other threats by Mr. Bixby against my wife and me deeply disturbed
and distressed us. My wife and I took, and continue to take,:Mr. Bixby's threats very
-8-
DECLARATION OF DOUG HAWKINS

[Ayatollahgondola]

This reply is to allow for more uploaded documents from the Doty case

7. Mr. Bixby and Bixby lnc. did not complete the work under the contract in a
timely manner or satisfactorily. The work, which was to have taken only three to four
weeks, as represented to us by Mr. Bixby and Bixby Inc., actually extended over a five month
period from May 2001 to October 2001. Despite multiple requests that the work
be completed within the time period represented, Mr. Bixby and Bixby Inc. did not
complete the work within that time

[Ayatollahgondola]

This is the copy of the Doty first amended complaint against MJB Bixby, and Mark Bixby. Because it is so large, it is broken into two parts.

[Ayatollahgondola]

This is from El Dorado County

Defendants allege that if they did not perform the tc.'fmS and conditions of any part of any
contract with plainuft: it was because such penormance was prevented. by plaintiff.

Defendants allege that the claim for mechanic's lien is willfUlly overstated and that
defendal1ts have performed all obligations owing on their part to be perfonncd, including
pay:menr for work.
Defendants allege that there are valid offsets, counter~c]aims and back charges against
j plaimitfsubstantially in excess of the amount sought by Plaintiff
!
23 I TWENTY-SECONP AFF]RMATJV~ DEFEN~
24 i Defendants allege that plaintiff materially breached the contract referred to in the
I
25 , Complaint by failing to perfcnn diligently and in a workmanlike manner the renns and
26 i conditions ofthe Contract and its obligations thereunder therehy excusing any purported
!
27 I bn:aches of me Contract by defendants, and each of "them
-'}8 II
-4:
MARTY AND

[Ayatollahgondola]

MJB Bixby vs CalPly

within the last two years, Defendants, and each of
them, became indebted to Plaintiff in the agreed sum of for
$3,635.02 for the furnishing of acoustical ceiling
materials, roofing materials, drywall and related materials
delivered to the Defendants, and each of them, by Plaintiff;
and Defendants, and each of them, then and there agreed to
pay the amount.
8. A copy of the document evidencing the indebtedness
of Defendants, and each of them, to Plaintiff is attached
hereto, marked Exhibit "A" and incorporated herein by
reference.
9. Neither the whole nor any part of the above sum has
been paid, although demand therefor has been made, and there
is now due, owing and unpaid the sum of $3,635.02 together
with interest thereon at the legal rate from March 6, 2003,

until paid.

[Ayatollahgondola]

Bixby Vs Monroe and Olito

[Ayatollahgondola]

MJB Bixby vs Losoya

Plaintiff itself has breached the contract sued upon in several respects
including but not limited to the following: failing to perform repairs and
work called for under the contract in a substantial and workmanlike fashion;
failing to complete repairs and work called for under the contract; failing
to have contracted for repairs properly approved and reinspected by a termite
and pest company as called for under the contract; overcharging for various
items and repairs. By reason of plaintiff's breaches of the contract,
plaintiff's claims for amounts allegedly due and owing are barred or,
alternatively, are reduced by an amount according to proof at trial.
F. By reason of plaintiff's breach of the contract as set forth in paragraph
4E above, the allegations are incorporated hereby this reference, answering
defendants and each of them are entitled to an offset in an amount according
to proof at trial as against the amount which plaintiff claims is due and
owing to it under the contract.
G. As a result of plaintiff's failure to perform and/or complete work in a
substantial and workmanlike fashion and the other breaches and failures of
performance on the part of plaintiff as alleged in 4E above, there is a
failure of consideration to support performance on the part of these
answering defendants, and each of them, to pay any amounts alleged by
plaintiff to be due and owing under the contract.H. The provisions of the contract by which plaintiffs charged defendants the
amount of $1,600 for repairing earth-to-wood contacts and $1,600 for debris
removal are unenforceable in that these charges were unconscionable at the
time the contract was made in that they were grossly in excess of any
reasonable amount to be charged for the work in question and bore no
reasonable relation to the true value of the services provided for.
I. By reason of the grossly excessive overcharges for items of work as
described in 4E above, and the breaches on contract described in
Paragraph 4H, there is a failure of consideration to support plaintiff's
claims for amounts due and owing for such work.

[Ayatollahgondola]

Mark and Heidi Bixby vs Barbara Morgan

Asa proximate resul t of the negligence of defendants, and each of them, plaintiff was
11 hurt and injured in his health, strength and activity, sustaining irtiury to his body, and shock and
12 irtiury to his nervous system and person, all of which injuries have caused and continue to cause
13 plaintiff great mental, physical and nervous pain and suffering. Plaintiff is informed and
14 believes, and thereon alleges, that said injuries will result in some permanent disability to
15 plaintiff, all to his general damage in an amount in excess of the jurisdictional minimum of this
16 court.

As a direct and proximate result of the said negligence and carelessness of the
27 defendants, and each of them, plaintiff HEIDI BIXBY has been deprived of the services and
28 consortium of her husband by reason of his inability to carry on his usual duties. Plaintiff is
informed and believes and on such information and belief alleges that said injuries to her
husband are of a permanent nature, and that plaintiff will be deprived of his services, love,
affection, comfort, care, and society for a substantial period in the future, all to plaintiffs further
damage in excess of the jurisdictional minimum of this cOUli,and any and all prejudgment
interest from the date of said injuries.

[Ayatollahgondola]

MJB Bixby vs Pacific Coast Building Supply

Between January 20,2003 and April 9, 2003, defendants, and each of
them, became indebted to plaintiff' on an open book account in the sum of$7,349.53 for
building materials and related supplies furnished to defendant MJB/BIXBY, at its request,
and being so indebted, promised to pay said sum on request.
5. Defendants agreed in writing to pay service charges of eighteen percent
per annum on all delinquent balances, and said service charges have accrued from May 1,

WHEREFORE, plaintiff prays for judgment against the defendants
MJBIBIXBY CONSTRUCTION, INC., a California corporation, MARK JONATHAN
BIXBY, and DOES ONE through TEN, and each of them, as follows:
L Principal in the sum of $6,380.65 together with service charges in the sum
of$341.27 which have accrued up to August 6,2003, and further service charges at the rate
of eighteen percent per annum;
2. For attorney's fees in the sum of$I,257.IO, or in such other reasonable