Facts

Benjamin and Rowena Franco owned a home at 463 47th Ave. in San Francisco. On June 28, 2008, the Francos met with Douglass Guinn who stated he was a licensed contractor and partner in Speedy Construction Co., and also gave them a business card with the name of the company and license number. Guinn told the Francos that he would perform home improvements in exchange for $20,000 in payments made out to him and Speedy, to be transferred to Oswaldo Galicia, a licensed plumber who would perform plumbing services worth $3,500.

The Francos subsequently discovered Guinn was unlicensed and using Speedy's name and license fraudulently, and that Oswaldo Galicia was also unlicensed. The Francos filed suit against Guinn, Galicia, Speedy, and Speedy's partners, Emilio Moran and Fausto Galicia, alleging violations of the Business and Professions Code, contractor licensing laws, consumer laws, and unfair competition.

PLAINTIFFS' CONTENTIONS:
The Francos alleged that Guinn had defrauded them and that Speedy had aided and abetted such fraud by allowing Guinn to illegally use their name and license; and that Guinn improperly installed vinyl windows using noncomplying materials, leading to water intrusion and wall damage. They further claimed improper installation of an incorrectly sized sliding door, leading to damage to the interior and exterior walls, as well as other improper installation. The Francos also claimed that Guinn abandoned the work and they were left with damages from the unfinished and defective work.

DEFENDANT'S CONTENTIONS:
Speedy, Moran, and Fausto Galicia disputed liability.

Result

The court rendered a verdict against Oswaldo Galicia, Moran, Fausto Galicia, and Speedy, awarding the Francos $150,000 in principal and attorney fees. The court later found against Guinn for $508,954.14 in damages (including $150,000 in punitive damages) and attorney fees. The Francos' total award was $658,954.14 plus court costs. Defendants Oswaldo Galicia, Moran, Fausto Galicia, and Speedy filed for bankruptcy protection in order to discharge the judgment.

Other Information

Oswaldo Galicia and Douglas Guinn are in pro per.