floppy small claims re art acosta henris muffler,

8/12/2019 Floppy Small Claims Re Art Acosta Henris Muffler,

1/22Kok v . Henr i s Muf f l er Shop & Ar t t he Mechani c

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Mr. Philip A. Kok (John)16828 Chicago Dr.Bellflower, CA 90706Post Office Box 93261Pasadena, CA 91109(562)-XXX-4071 (Confidential)

(no fax) ( please use mailing address)

Northeast Superior Court, Small Claims

Mr.Philip A. Kok (John),Plaintiff,

v.

Henris Muffler Shop &Art the Mechanic (Doe 1)

Defendant(s)

)))))))))))))))))

Case No:Complaint



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Small Claims Complaint

I. Context Leading up to my Complaint with Henris Muffler

Every Christmas, or around there it has been my annual tradition to head east from southern

California to the Grand Canyon, which is near Flagstaff, Arizona. My nuclear family came to

southern California in 1984. I was a senior in high school, my younger brother was in 6 th grade.

My two older siblings were already in college and did not make the move. The Grand Canyon

for Christmas tradition, however, is my own. I never became accustomed to a non-white

Christmas, having essentially grown up in Michigan, after a few years in New York & Iowa.

So when I returned to southern California to resume seminary in 1997 after a year back east, and

two years prior to that in Coachella, California (near Palm Springs), I began a new tradition.

After Christmas Eve at the Crystal Cathedral in Garden Grove, California, I head east. I dont try

to make it there over night, but stop somewhere along the way and sleep, and arrive at the Grand

usually around evening on Christmas Day.

This year (or 2003 I should say) was about the same, and I made it to the Grand Canyon by

nightfall, enjoying the cold weather and the fresh snow. I spent the next day cruising around the

rim of the canyon and by mid-afternoon was already on my way down and out. I took the back

way out and was nearing a place they call The Gap in Arizona, a few hundred miles south of

Page, Arizona. My car began making funny noises and acting up. I pulled over, checked the

radiator and it was full. I didnt know what to make of it. I let it rest for a little while, and started

it again, and continued onward. I didnt go very far before the noises resumed, again. This time,

fortunately, I was at The Gap which is on a Navajo Indian Reservation and consists of a



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grocery store and a gas station and a fellow by the name of John who does small mechanical

repairs on cars.

I asked John if he could check it out. He did the same things I did, and also checked the oil. He

noticed the oil was low and I pulled out a quart and poured it in. I started the car again, and

pulled it over to his small garage. It sputtered to a stop, and white smoke was coming out of the

exhaust pipe. He said he thought it was the head gasket, which he could not repair. I asked him if

he was sure and he said because of the smoke coming out of the pipe and because it was so low

on oil. I told him I had checked the oil the day before and it was okay. He repeated that hethought it was the head gasket.

Well, since I couldnt drive the car any further I had to have it towed to Page, the closest town

with any mechanics who have the ability and equipment to change a head gasket. I waited for a

few hours for the tow truck driver to arrive and he pulled me to Page and a place called B & B

Auto Repair. It was Friday, December 26, 2004. They said they could not begin work on it until

Monday, and it would probably take two or three days. They suggested that if I did not want to

wait that I tow the car back myself using one of their U-haul trucks. After thinking about it, I

agreed. I had pressing matters which couldnt wait, and wanted to be back for the Rose Bowl

Parade as well (this year I made a movie using the Rose Bowl Parade in several scenes).

I managed to tow the car back myself after a little scare in Zion National Park where the roads

were extremely icy and I began to slide down some of the steep slopes. In fact, I had to wait for

the sand truck to come and put extra sand on the curves in order to make it down.



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Returning to southern California on Sunday morning I made it to the morning worship service

which I regularly attend and then headed back towards Pasadena.

II. Henris Muffler Shop & Art the Mechanic

The next day, Monday, December 29, 2003, I stopped by a place called Henris Mufflers

where I had had work done on other vehicles previously. Henri's Mufflers had originally been

recommended to me for muffler repair work and there was a fellow working there at the time by

the name of Henry or Enrique after whom, apparently, the shop was originally named .

Henry is no longer there. According to Art, the new owner of Henris Muffler, and who was

working there as an employee prior to becoming owner, he (Henri) was arrested for a third DUI

and was in prison. Nonetheless, I asked Art if he could change the head gasket, if that was what

it needed. He said he could do it, and that it would cost about $600 and take two or three days. I

agreed and was pleased because the price was not only reasonable but lower than some of the

other estimates I had been given.

Since I had given away my other two aging vehicles to charity a few months prior, I decided to

rent a car for a few days while my 92 Ford Taurus was being repaired. I didnt worry about

whether Art needed an extra day or even two given the holiday (New Years Day), but then two

or three days turned into two weeks. I spoke with Art several times during this period.

Sometimes I would stop by and inquire as to how it was coming, other times I would make a



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phone call. Each time I would jot down a note about what he was doing and remind him that I

was renting a car so the cost was increased for every day that it took.

On January 6 I spoke with him at 10:47 a.m. and he said he was still working on it. On January

7, 2004 at around 4:00 p.m. I spoke with him again and he finally said he thought it was ready,

but it wasnt. This went on for several days. . On January 13, 2004, a Tuesday, he finally said it

would be ready by 4:00 p.m and when I stopped by he told me I was lucky because I did not

need a new AC compressor after all, and that it was just the AC belt that had broken. This

seemed strange to me because the prior day or so, when I had stopped by he had pulled out somesort of gauge to show to me that my compressor was bad and needed to be replaced. I stopped

him and said, I believe you.

If, in fact, the compressor was not bad, what was he going to show to me the previous day?

When I inquired a little more closely he was not very responsive. That was the first time I

noticed a material contradiction (as opposed to overly optimistic estimate of time). Anyways,

I let it pass for the time being, and just wanted him to finish the heater core. Finally, on

Wednesday, January 14, 2004 he said it was ready, so I stopped by and picked up the car, and

paid the bill of $1050. The radiator increased the price by $186.00, according to the receipt,

which should have made the cost of the entire job approximately $786.00, but he added several

other items to the cost; never having informed me that the $600.00 he quoted was his labor

quote, not the parts.



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I drove the car off the lot that same evening, and was barely around the corner when it started

running unevenly and smoke was still coming out of the tail pipe, albeit much less than before. I

thought it might take a little time to smooth out for some reason, but it didnt. . In addition to the

car still running unevenly when I turned on the defroster smoke came pouring into the car. It

fogged up the windows so much that I needed a cloth to keep wiping the windshield in order to

see But by the time I got back to Art at Henris Mufflers he was gone for the evening. I left the

car there and continued using the rental car. The next morning I went back to Henris and he said

he could fix it in a few hours and that I could return the rental car. I went to Enterprise and paid

the bill of $568.20 and they gave me a ride back to Henris Muffler.

I already knew there was something wrong with the circulation system in the vehicle which is

why I had asked Art to check the air conditioner. I guess I should have been more specific and

told him to check the entire ventilation system, but he had apparently only checked the air

conditioning, which was working, albeit not ice cold as I had requested.

I waited while he began to work under the hood again, and apparently he realized it would take

longer than he originally thought and said that he would pay for a rental car for the day. I sighed

but agreed and this time called Avis and they picked me up and brought me to their location. I

transferred some of my things from the car to the rental back at Henris Mufflers and was told it

might be a day or so. In fact, however, it took another week for him to work out the problem

with the head gasket.


7/22



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day. Earlier that day he showed me the heater core and said he had finally gotten it out. By

Friday, January 23, 2004 Art had not called me as I had requested, and so I called him and he

said he is putting it together and that I could stop by around 5:00 p.m. to pick it up.

At around 5:00 p.m. I stopped by but it was not ready, although he seemed to think he could

complete it in a couple more hours. I reminded him that I go out of town on the weekends. It is

my regular practice every weekend without fail to leave Pasadena and go to Orange County

where I attend a worship service in Garden Grove, California. My Shabbat begins on Friday

evening. He said he would pay for a weekend rental of a car and that I could pick it up onMonday, January 25, 2004.

On January 25, 2004 I stopped by in the morning, but it was not ready yet. On January 26 2004,

Art says it is ready except for the inexplicable break of a cable, which he said he should be able

to get that same day and replace. That same day I exchanged the rental van I was driving for a

more economical model, and pay the bill of $535.84. On Tuesday, January 27, 2004 , Art said

he was still waiting for a selector which had something to do with the transmission and

engaging the gears. I asked him to leave a voice mail message updating me but did not receive

any further communication that day. On Wednesday, January 28, 2004 Art tells me that he got

the part but they didnt drop it off until 4:00 p.m. which did not leave him enough time to

complete the job that same day, and he also said he had to take his son to the doctor 1.

1 IF true that, to me, would be a legitimate reason for delay



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On Thursday, January 29, 2004, around late-afternoon, Art says it is ready. I pay the bill of

$478.08 (minus $200.00 for four days rental car he had offered to pay for) on Friday, January

30, 2004 at around 4:16 p.m. I transfer some of my belongings from the rental car to my car and

return the rental car to Avis and pay the remainder of the bill for the lower priced vehicle at a

cost of $140.73.

Although I did not record the exact dates & times some of the other annoyances was that a few

times when I called he would say, Im eating , which is something he has the right to do, but it

was as if he was expecting me to be understanding after all the time it had taken, and that he didnot seem to feel compelled to prioritize my car, or cancel other jobs in order to complete the

service on my car. Had he told me that a seven hour job meant one hour per day for seven days I

would probably have said, No thank you. Or, alternatively, if he had said he would charge a

lower rate if I gave him a longer period of time to complete the job, I might have considered it,

but he ended up charging the standard rate but still took an unusually long time. And for

example, as I mentioned above, on January 14, 2004 when I stopped by he asked me to be

understanding because another fellow had been waiting; for what, a few hours? He was not

prioritizing my car even after all the delays and new problems he encountered.

And then I also have to wonder about this cable that broke at the last momenta transmission

related cable. Why did it suddenly break, despite the car not being driven? HE told me I was

lucky it broke at the garage rather than while I was on the road, but I am wondering why it broke

at all? And if it, in fact, did break, whether it was not due to something he accidentally did while

replacing the dashboard? And again, I find out at the end of the job that the price he quoted me at



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the beginning (for replacement of the heater core) was his labor quote, not including parts. It

would seem to me that he should state so clearly when he is offering a price for the job.

In sum, my 1992 Ford Taurus was at Henris Muffler from December 29, 2003 to January 30,

2004 and it cost me a total of $1528.00 for the parts & labor he performed. This cost was for the

parts & replacement of a head gasket ( or gaskets), a radiator, and a heater core ( in addition to

some smaller parts broken down in price on the receipt). The original quote for all this work

(before I found out he was just quoting labor costs) was $900.00 ($600.00 for the head gasket, &

$300.00 for the heater core), although he took off $200.00 for the four days rental car he offeredto pay for.

In addition to this I paid out a total of $1240.00 in rental car bills during this month (minus the

$200.00 he offered to pay). The total cost out of my pocket came to $2768.00 (minus $200.00 he

paid for the rental for four days = $2568.00 I could buy a very nice Ford Taurus for that price.

The amount I paid for this 92 Ford Taurus was only $1400.00.

Had Art done the work in a timely manner whereby I would have only needed to rent a car for

three days while the head gasket was being repaired, and two days (maximum) while the heater

core was being repaired, my rental car bill would have been only $250.00 maximum (and that is

if one rents a luxury car), $125.00 minimum ( at the cost of an average economy car). I do not

think I should be held responsible for the costs of a rental car for more than five days, maximum.

However, I paid for a rental car for thirty-three days at the total cost of $1240.00 (minus the $200

he offered to pay).



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I ask the court to order him to pay for the rental cars beyond the five day period that was all that

should have been necessary to complete the two jobs. I am asking for $990.00 in rental car fees

from Art the mechanic minus $200 he already paid for a total of $790.00.

I also ask the court to order him to reimburse the plaintiff for the expenses that went beyond the

original quote. For the replacement of the head gasket he originally quoted me $600.00, but

ended up charging me $1050. For the replacement of the heater core he quoted me $300.00 but

ended up charging me $478.00. He ended up charging standard prices but at a non-standard rateof completion. Therefore I ask for a reimbursement of $450.00 for the head gasket and $178.00

for the heater core, for a total of $628.00.

The grand sum that I am seeking in reimbursement is $1418.00 and that is not including any

special damages for what might have been an intent to deceive. I mentioned the material

contradiction in regards to him saying that the compressor was bad and offering to show me

with a gauge, versus the next day or so saying that it was not the compressor after all, but just a

air conditioning belt. Nonetheless, the air does not flow cold at all, it flows like a vent at best. If

the court wants to issue special damages in addition, I will leave that up to the court.

All of the above is submitted in good faith according to information and belief under the penaltyof perjury. ____________________________

Mr. Kok, Philip A. (John)Pastor/Teacher/Writer CEO/President/Founder Mustard Seed Ministries



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EXHIBIT A: The first bill (1/14/04) from Art the Mechanic at Henris Muffler for$1050.00 ($450.00 more than he originally quoted and completed nine days after bringing itto the shop. And then, it was still not ready. I had to bring the car back and it took severalmore days to complete the head gasket part of the job.



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Exhibit B: The first rental car bill (12/29/03 through 1/15/04) for $568.20 (fromEnterprise)



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25Exhibit C : The First Rental Car Bill from Avis (from 1/15/04 through 1/26/04) for$535.84



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25Exhibit D : The Second Rental Car Bill from Avis (from January 26, 2004 throughJanuary 30, 2004) for $140.73.



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25Exhibit E : The Second Bill from Henris Muffler for $278.08 (1/30/04)



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22/22

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Proof of Service by Mail ___________________________

State of California

County of Los Angeles

I am employed in the County of Los Angeles, State of California. I am over the age of 18 andnot a party to the within action; my business address is 2450 Lake, Altadena, CA

On I served the foregoing document described as:

Complaint __________________________________

On Interested parties in this action by placing the ( ) original, a ( X) true copy thereof enclosedin a sealed enveloped addressed as follows:

(X ) {by mail} I am readily familiar with the firm's practice of collection and processing correspondence formailing. It is deposited with the U.S. Postal Service on the same day in ordinary course of business. I know thatthe envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailin on this date in theUnited States mail at

( ) { Fax and Regular Mail} I caused such envelope with postage thereon fully prepaid to be placed in the UnitedStates Mail at

( ) {By Personal Service} I caused such envelope to be delivered by hand to the offices of the addressee

(X) {State} I declare under penalty of perjury under the laws of the State of California that the above is true andcorrect.

(X) {Federal} I declare under penalty of perjury under the laws of the United States of America that the above istrue and correct.

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