xavier becerra attorney general of california linda l. sun...

XAVIER BECERRA Attorney General of California LINDA L. SUN Supervising Deputy Attorney General STEPHEN D. SVETICH Deputy Attorney General State Bar No. 272370

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2540 Facsimile: (213) 897-2804 E-mail: [email protected]

Attorneys for Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 79/16-6235

ELITE CAR CARE, INC.; SAWSAN W. HADDAD, PRESIDENT; WALID EID HADDAD, SECRETARY/TREASURER 2619 E. Palmdale Blvd., Unit A Palrndale, CA 93550

Automotive Repair Dealer Registration No. ARD 228183 Smog Check Station License No. RC 228183 Brake Station License No. BS 228183, Class C, Lamp Station License No. LS 228183, Class A,

and

RIGOBERTO MACLAS BRAVO 38121 38th St. East Palmdale, CA 93550

Smog Check Inspector License No. EO 41353 Smog Check Repair Technician License No. El 41353, formerly License No. EA 41353 Brake Adjuster License No. BA 41353, Class A, Lamp Adjuster License No. LA 41353, Class A,

Respondents.

ACCUSATION

1 (ELITE CAR CARE, INC.; SAWSAN W. HADDAD and RIGOBERTO MAClAS BRAVO)

ACCUSATION

Complainant alleges:

PARTIES

1. Patrick Dorais ("Complainant") brings this Accusation solely in his official capacity as

the Chief of the Bureau of Automotive Repair (the "Bureau"), Department of Consumer Affairs.

Respondent Elite Car Care, Inc.

2. In or around 2003, the Bureau issued Automotive Repair Dealer ("ARD")

Registration Number ARD 228183 to Respondent Elite Car Care, Inc., Sawsan W. Haddad,

President, Walid Eid Haddad, Secretary/Treasurer ("Respondent Elite"). The Automotive Repair

Dealer Registration was in full force and effect at all times relevant to the charges brought herein

and will expire on June 30, 2018, unless renewed.

3. On or about June 24, 2003, the Bureau issued Smog Check Station License Number

RC 228183 to Respondent Elite. The Smog Check Station License was in full force and effect at

all times relevant to the charges brought herein and will expire on June 30, 2018, unless renewed.

4. On or about June 24, 2003, the Bureau issued Lamp Station License Number LS

228183, Class A, to Respondent Elite. The Lamp Station License was in full force and effect at all

times relevant to the charges brought herein and will expire on June 30, 2018, unless renewed.

5. On or about June 24, 2003, the Bureau issued Brake Station License Number BS

228183, Class C, to Respondent Elite. The Brake Station License was in full force and effect at all

times relevant to the charges brought herein and will expire on June 30, 2018, unless renewed.

Respondent Rigoberto Macias Bravo

6. In or around 1996, the Bureau issued Advanced Emission Specialist Technician

License Number EA 41353 to Respondent Rigoberto Macias Bravo ("Respondent Bravo"). The

Advanced Emission Specialist Technician License was due to expire on January 31, 2013, but was

cancelled on November 27, 2012. Pursuant to California Code of Regulations, title 16, section

3340.28, subdivision (e), this license was renewed pursuant to Respondent Bravo's election as

Smog Check Inspector License No. EO 41353 and Smog Check Repair Technician License No. El

41353.

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(ELITE CAR CARE, INC.; SAWSAN W. HADDAD and RIGOBERTO MAClAS BRAVO) ACCUSATION

7. On or about November 27, 2012, the Bureau issued Smog Check Inspector License

Number EQ 41353 to Respondent Bravo. The Smog Check Inspector License was in full force

and effect at all times relevant to the charges brought herein and will expire on January 31, 2019,

unless renewed.

8. On or about November 27, 2012, the Bureau issued Smog Check Repair Technician

License Number El 41353 to Respondent Bravo. The Smog Check Repair Technician License

was in full force and effect at all times relevant to the charges brought herein and will expire on

January 31, 2019, unless renewed.

9. In or around 1999, the Bureau issued Brake Adjuster, Class C, License Number BA

41353 to Respondent Bravo. The Brake Adjuster License was in full force and effect at all times

relevant to the charges brought herein and will expire on January 31, 2018, unless renewed.

10. In or around 1999, the Bureau issued Lamp Adjuster, Class A, License Number LA

41353 to Respondent Bravo. The Lamp Adjuster License was in full force and effect at all times

relevant to the charges brought herein and will expire on January 31, 2019, unless renewed.

JURISDICTION

11. This Accusation is brought before the Director of the Department of Consumer Affairs

('Director") for the Bureau, under the authority of the following laws. All section references are

to the Business and Professions Code unless otherwise indicated.

12. Section 118, subdivision (b), of the Code provides that the

suspension/expiration/surrender/cancellation of a license shall not deprive the

Board/Registrar/Director of jurisdiction to proceed with a disciplinary action during the period

within which the license may be renewed, restored, reissued or reinstated.

13. Section 9884.7 of the Code provides that the Director may revoke an automotive

repair dealer registration.

14. Section 9884.13 of the Code provides, in pertinent part, that the expiration of a valid

registration shall not deprive the Director of jurisdiction to proceed with a disciplinary proceeding

against an automotive repair dealer or to render a decision temporarily or permanently invalidating

(suspending or revoking) a registration.

3

(ELITE CAR CARE, INC.; SAWSAN W. HADDAD and RIGOBERTO MAClAS BRAVO)

ACCUSATION

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15. Section 9889.1 of the Code provides, in pertinent part, that the Director may suspend

or revoke any license issued under Articles 5 and 6 (commencing with section 9887.1) of the

Automotive Repair Act.

16. Section 9889.7 of the Code provides, in pertinent part, that the expiration or

suspension of a license by operation of law or by order or decision of the Director or a court of

law, or the voluntary surrender of a license shall not deprive the Director of jurisdiction to proceed

with any disciplinary proceedings.

STATUTORY PROVISIONS

17. Section 477 of the Code provides, in pertinent part, that "Board" includes "bureau,"

"commission," "committee," "department," "division," "examining committee," "program," and

'agency." "License" includes certificate, registration or other means to engage in a business or

profession regulated by the Code.

18. Section 9884.7 of the Code states:

"(a) The director, where the automotive repair dealer cannot show there was a bona fide

error, may deny, suspend, revoke, or place on probation the registration of an automotive repair

dealer for any of the following acts or omissions related to the conduct of the business of the

automotive repair dealer, which are done by the automotive repair dealer or any automotive

technician, employee, partner, officer, or member of the automotive repair dealer.

"(1) Making or authorizing in any manner or by any means whatever any statement

written or oral which is untrue or misleading, and which is known, or which by the exercise

of reasonable care should be known, to be untrue or misleading.

''

"(3) Failing or refusing to give to a customer a copy of any document requiring his

or her signature, as soon as the customer signs the document.

"(4) Any other conduct which constitutes fraud.

(6) Failure in any material respect to comply with the provisions of this chapter or

regulations adopted pursuant to it......

4

(ELITE CAR CARE, INC.: SAWSAN W. HADDAD and RIGOBERTO MAClAS BRAVO) ACCUSATION

19. Section 9889.3 of the Code states, in pertinent part:

"The director may suspend, revoke, or take other disciplinary action against a license as

provided in this article [Article 7 (commencing with section 9889.1) of the Automotive Repair

Act] if the licensee or any partner, officer, or director thereof:

"(a) Violates any section of the Business and Professions Code which relates to his

or her licensed activities.

"(c) Violates any of the regulations promulgated by the director pursuant to this

chapter [the Automotive Repair Act].

"(d) Commits any act involving dishonesty, fraud, or deceit whereby another is

injured.

20. Section 9884.9 of the Code states in pertinent part:

"(a) The automotive repair dealer shall give to the customer a written estimated price for

labor and parts necessary for a specific job. No work shall be done and no charges shall accrue

before authorization to proceed is obtained from the customer. No charge shall be made for work

done or parts supplied in excess of the estimated price without the oral or written consent of the

customer that shall be obtained at some time after it is determined that the estimated price is

insufficient and before the work not estimated is done or the parts not estimated are supplied.

Written consent or authorization for an increase in the original estimated price may be provided by

electronic mail or facsimile transmission from the customer. The bureau may specify in regulation

the procedures to be followed by an automotive repair dealer if an authorization or consent for an

increase in the original estimated price is provided by electronic mail or facsimile transmission. If

that consent is oral, the dealer shall make a notation on the work order of the date, time, name of

person authorizing the additional repairs and telephone number called, if any, together with a

specification of the additional parts and labor and the total additional cost, and shall do either of

the following:

"( I) Make a notation on the invoice of the same facts set forth in the notation on

the work order.

5 (ELITE CAR CARE, INC.; SAWSAN W. HADDAD and RIGOBERTO MAClAS BRAVO)

ACCUSATION

"(2) Upon completion of the repairs, obtain the customer's signature or initials to an

acknowledgment of notice and consent, if there is an oral consent of the customer to

additional repairs, in the following language:

"I acknowledge notice and oral approval of an increase in the original estimated

price.

(signature or initials)"

"Nothing in this section shall be construed as requiring an automotive repair dealer to give a

written estimated price if the dealer does not agree to perform the requested repair.

21. Section 9889.16 of the Code states:

"Whenever a licensed adjuster in a licensed station upon an inspection or after an

adjustment, made in conformity with the instructions of the bureau, determines that the lamps or

the brakes upon any vehicle conform with the requirements of the Vehicle Code, he shall, when

requested by the owner or driver of the vehicle, issue a certificate of adjustment on a form

prescribed by the director, which certificate shall contain the date of issuance, the make and

registration number of the vehicle, the name of the owner of the vehicle, and the official license of

the station."

REGULATORY PROVISIONS

22. California Code of Regulations, title 16, section 3305, states in pertinent part:

"(a) All adjusting, inspecting, servicing, and repairing of brake systems and lamp systems for

the purpose of issuing any certificate of compliance or adjustment shall be performed in official

stations, by official adjusters, in accordance with the following, in descending order of precedence,

as applicable:

"(1) Vehicle Manufacturers' current standards, specifications and recommended

procedures, as published in the manufacturers' vehicle service and repair manuals.

"(2) Current standards, specifications, procedures, directives, manuals, bulletins and

instructions issued by vehicle and equipment or device manufacturers.

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"(3) Standards, specifications and recommended procedures found in current

industry-standard reference manuals and periodicals published by nationally recognized

repair information providers.

"(4) The bureaus Handbook for Brake Adjusters and Stations, May 2015, which is

hereby incorporated by reference.

"(5) The bureau's Hand book for La/np Adjusters and Stations, May 2015, which is

hereby incorporated by reference.


"(d) Effective April 1, 1 999, licensed stations shall purchase certificates of adjustment from

the bureau for a fee of three dollars and fifty cents ($3.50) each and shall not purchase or

otherwise obtain such certificates from any other source. Full payment is required at the time

certificates are ordered. Certificates are not exchangeable following delivery. A licensed station

shall not sell or otherwise transfer unused certificates of adjustment. Issuance of a lamp adjustment

certificate shall be in accordance with the following provisions:

"(2) Where all of the lamps, lighting equipment, and related electrical systems on a

vehicle have been inspected and found to be in compliance with all requirements of the

Vehicle Code and bureau regulations, the certificate shall certify that the entire system

meets all of those requirements......


"(c) Effective April 1, 1999, licensed stations shall purchase certificates of adjustment from

the bureau for a fee of three dollars and fifty cents ($3.50) and shall not purchase or otherwise

obtain such certificates from any other source. A licensed station shall not sell or otherwise

transfer unused certificates of adjustment. Full payment is required at the time certificates are

ordered. Certificates are not exchangeable following delivery. Issuance of a brake adjustment

certificate shall be in accordance with the following provisions:

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"(2) Where the entire brake system on any vehicle has been inspected or tested and

found to be in compliance with all requirements of the Vehicle Code and bureau

regulations, and the vehicle has been road-tested, the certificate shall certify that the entire

system meets all such requirements. . .

25. California Code of Regulations, title 16, section 3353, states:

"No work for compensation shall be commenced and no charges shall accrue without

specific authorization from the customer in accordance with the following requirements:

"(a) Estimate for Parts and Labor. Eveiy dealer shall give to each customer a

written estimated price for labor and parts for a specific job. . .

26. California Code of Regulations, title 16, section 3373, states:

No automotive repair dealer or individual in charge shall, in filling out an estimate, invoice,

or work order, or record required to be maintained by section 3340.15(f) of this chapter, withhold

therefrom or insert therein any statement or information which will cause any such document to be

false or misleading, or where the tendency or effect thereby would be to mislead or deceive

customers, prospective customers, or the public."

COST RECOVERY PROVISION

27. Section 125.3 of the Code provides, in pertinent part, that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case, with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated. If a case settles, recovery of investigation and enforcement costs may be

included in a stipulated settlement.

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FIRST UNDERCOVER OPERATION

28. In August 2016, a Bureau Representative (the "First Bureau Representative")

inspected and documented the brake, lamp, and emission control systems on the Bureau's 2007

Nissan (the "Nissan"). The Nissan's rear disc brake rotors were worn beyond the manufacturer's

specification. The First Bureau Representative placed tamper indicators on each of the four

wheels of the Nissan to verif' removal of each wheel during a brake inspection. The Nissan's left

headlamp was out of specification. The First Bureau Representative installed tamper indicators on

each headlamp adjuster screw to indicate if the headlamps were adjusted. The condition of the

Nissan was such that if a licensed technician properly performed the brake and lamp inspections,

the Nissan would have failed both inspections and no Certificates of Compliance would have been

issued.

29. On or about August 25, 2016, at approximately 1033 hours, a Bureau Operator (the

"First Operator") drove the Nissan to Respondent Elite's shop, located at 2619 East Palmdale

Blvd., Unit A, Palmdale, California. The First Operator met with an unidentified male and

requested brake, lamp and smog check inspections. The First Operator signed a work order, but

he did not receive a copy of the document he signed before Respondent Elite's staff began the

requested inspections. The First Operator recognized the person performing the inspections on the

Nissan as Respondent Bravo; the First Operator recognized him from a photograph.

30. The First Operator waited at the facility while Respondent Elite's staff completed the

inspections. After the inspections were completed, at approximately 1057 hours, the First

Operator paid Respondent Elite $132.00 and received a copy of the signed estimate, invoice

the Vehicle Inspection Report, Brake Certificate number and Lamp

Certificate number . Invoice indicates that Respondent Elite charged the

First Operator $65.00 for a "Brake & light inspection," or words to that eftéct.

31. Brake Certificate number and Lamp Certificate number are

signed by Respondent Bravo. Brake Certificate number indicates that Respondent

Bravo checked the service brake, parking brake, lining and shoes, drums/rotors, warning

device/system, antilock brake system, check valve, and connections on the Nissan. Respondent

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Bravo indicated these items were in satisfactory condition or that its employees adjusted them until

they were in satisfactory working order. Lamp Certificate number indicates that

Respondent Bravo inspected the headlights, driving lights, and passing lights on the Nissan. It also

indicates that Respondent Bravo inspected or repaired the Nissan's warning lamps, rear lamps,

stop lamps, license plate lamps, side lamps, and back-up lamps. Both Brake Certificate number

and Lamp Certificate number indicate that by issuing the certificates,

Respondent Elite and Respondent Bravo are certifying that:

"All items checked above are of an approved type and I have performed the applicable

inspection, adjustment, or repair as specified by the Bureau of Automotive Repair and

the vehicle manufacturer, and in accordance with Title 13 and Title 16 of the

California Code of Regulations, the Vehicle Code and the Business and Professions

Code. I hereby certify under penalty under the laws of the State of California that the

above is true and correct."

32. The First Bureau Representative inspected the Nissan after Respondent Elite

completed its brake, lamp, and smog check inspections on the vehicle. The First Bureau

Representative found the tamper indicators that he had placed on all four wheels were intact and

undisturbed. The First Bureau Representative verified the rear disc brake rotors were thinner than

the manufacturer's minimum specification. In this condition, the Nissan would not pass a properly

performed brake inspection and Certificate of Compliance — Brake Adjustment number

should not have been issued for the Nissan. The First Bureau Representative also found

all the tamper indicators that he had placed on the headlamp adjuster screws were intact and

undisturbed. The First Bureau Representative verified the left headlamp was not properly aimed.

In this condition, the Nissan would not pass a properly performed lamp inspection and Certificate

of Compliance - Lamp Adjustment number should not have been issued for the

Nissan.

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FIRST CAUSE FOR DISCIPLINE

(Untrue or Misleading Statements)

33. Respondent Elite's registration is subject to disciplinary action pursuant to Business &

Professions Code section 9884.7, subdivision (a)(1), in that Respondent Elite made or authorized

statements which it knew or in the exercise of reasonable care should have known to be untrue or

misleading, as follows:

a. Respondent Elite's technician, Respondent Bravo, certified under penalty of perjury on

Brake Certificate that the rotors on the Nissan were in a satisfactory condition.

In fact, the rear disk brake rotors were thinner than the manufacturer's minimum specifications.

The tamper indicators on all four wheels were intact and undisturbed, indicating that the brake

rotors were not actually inspected.

b. Respondent Elite's technician, Respondent Bravo, certified under penalty of perjury on

Lamp Certificate that the headlamps on the Nissan were inspected and that they

were in a satisfactory condition. In fact, the left headlamp on the Nissan was out of adjustment.

The tamper indicators on the adjustment screws were intact and undisturbed, indicating that the

headlamps were not actually adjusted.

SECOND CAUSE FOR DISCIPLINE

(Fraud)


Professions Code section 9884.7, subdivision (a)(4), in that Respondent Elite committed acts

constituting fraud, as follows:

a. Respondent Elite issued a Brake Certificate for the Nissan without

ensuring that a bona fide inspection was performed of the Nissan's brake systems.

b. Respondent Elite issued a Lamp Certificate for the Nissan without

ensuring that a bona fide inspection was performed of the Nissan's lighting systems.

c. Respondent Elite obtained payment from the First Operator for performing the

applicable inspections, adjustments, or repairs of the brake and lighting systems on the Nissan as

specified by the Bureau and in accordance with the Vehicle Code. In fact, Respondent Elite failed

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to perform the necessary inspections, adjustments, and repairs in compliance with Bureau

Regulations or the Vehicle Code.

THIRD CAUSE FOR DISCIPLINE

(Violations of Regulations)

35 Respondent Elite's registration is subject to disciplinary action pursuant to Business &

Professions Code section 9884.7, subdivision (a)(6), in that Respondent Elite failed to comply with

provisions of California Code of Regulations, title 16, in the following material respects:

a. Section 3305, subdivision (a): Respondent Elite failed to ensure that the inspection

of the brake system and inspection and adjustment of the lighting system were performed on the

Nissan in accordance with the specffications, instructions, and directives issued by the Bureau and

the vehicle manufacturer.

b. Section 3316. subdivision (cl)(2): Respondent Elite issued Lamp Certificate

for the Nissan when some of the lamps, lighting equipment, and/or related electrical

systems on the vehicle were not in compliance with Bureau regulations.

c. Section 3321, subdivision (c)(2): Respondent Elite issued Brake Certificate

to the Nissan when the brake system on the vehicle had not been completely tested or

inspected.

d. Section 3353. subdivision (a): Respondent Elite failed to provide the First Operator

with a written estimated price for labor and parts for Nissan.

e. Section 3373: Respondent Elite wrote in the invoice for services performed on the

Nissan that Respondent Elite completed a brake and light inspection, or words to that effect.

However, Respondent Elite did not inspect the entire brake and lamp systems on the Nissan.

Thus, the statements in the invoice were false.

FOURTH CAUSE FOR DISCIPLINE

(Failure to Comply with Regulations)

36. Respondent Elite's brake and lamp station licenses are subject to disciplinary action

pursuant to Bus. & Prof. Code section 9889.3, subdivision (c), in that Respondent Elite failed to

comply with the provisions of California Code of Regulations, title 16, sections 3305, subdivision

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(a); 3316, subdivision (d)(2); 3321, subdivision (c)(2); 3353, subdivision (a)(1); and section 3373,

as set forth in paragraph 35 above.

FIFTH CAUSE FOR DISCIPLINE

(Dishonesty, Fraud, or Deceit)

37. Respondent Elite's brake and lamp station licenses are subject to disciplinaiy action

pursuant to Bus. & Prof. Code section 9889.3, subdivision (d), in that Respondent Elite committed

acts involving dishonesty, fraud, or deceit whereby another was injured, as set forth in paragraphs

28-32 herein.

SIXTH CAUSE FOR DISCIPLINE


38. Respondent Bravo's brake and lamp adjuster licenses are subject to disciplinary action

pursuant to Bus. & Prof. Code section 9889.3, subdivision (d), in that Respondent Bravo

committed acts involving dishonesty, fraud, or deceit whereby another was injured, as set forth in

paragraphs 28-32 herein.

SEVENTH CAUSE FOR DISCIPLINE



pursuant to Business & Professions Code section 9889.3, subdivision (c), in that Respondent

Bravo failed to comply with provisions of California Code of Regulations, title 16, in the following

material respects:

a. Section 3305, subdivision (a): Respondent Bravo failed to ensure that the inspection


Nissan in accordance with the specifications, instructions, and directives issued by the Bureau and


b. Section 3316, subdivision (d)(2): Respondent Bravo signed Lamp Certificate

for the Nissan when some of the lamps, lighting equipment, and/or related electrical


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c. Section 3321. subdivision (c)(2): Respondent Bravo signed Brake Certificate

as to the Nissan when the brake system on the vehicle had not been completely tested

or inspected.

SECOND UNDERCOVER OPERATION

40. In or around August and September 2016, a Bureau Representative (the "Second

Bureau Representative") inspected and documented the brake, lamp, and emission control systems

on the Bureau's 2002 Chevrolet (the "Chevy"). The Chevy's rear disc brake rotors exceeded the

manufacturer's service limits. The Second Bureau Representative placed tamper indicators on

each of the four wheels of the Chevy to verify removal of the wheel during a brake inspection.

The Chevy's right and left headlamps were out of specification. The Second Bureau

Representative installed tamper indicators on the headlamp adjuster screws to indicate if the

headlamps were adjusted. The condition of the Chevy was such that if a licensed technician

properly performed the brake and lamp inspections, the Chevy would have failed both inspections

and no Certificates of Compliance would have been issued.

41. On or about October 4, 2016, at approximately 1006 hours, a Second Bureau

Operator (the "Second Operator") drove the Chevy to Respondent Elite's shop, located at 2619

East Palmdale Blvd., Unit A, Palmdale, California. The Second Operator met with an unidentified

male and requested brake, lamp and smog check inspections. The Second Operator did not sign a

work order and did not receive a written estimate before Respondent Elite's employees began the

requested inspections. The Second Operator recognized the person performing the inspections on

the Chevy as Respondent Bravo; the Second Operator recognized Respondent Bravo from a

photograph.

42. The Second Operator waited at the facility while Respondent Elite's staff completed

the inspections. After the inspections were completed, at approximately 1025 hours, the Second

Operator paid $132.00 and received a copy of an estimate, invoice the Vehicle

Inspection Report, Brake Certificate number , and Lamp Certificate number

Invoice indicates that Respondent Elite charged the Second Operator

$65.00 for "Brake & light inspection," or words to that effect.

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43. Respondent Bravo signed both Brake Certificate number and Lamp

Certificate number . Brake Certificate number indicates that

Respondent Bravo checked the service brake, parking brake, lining and shoes, drums/rotors,

warning device/system, antiock brake system, check valve, and connections on the Chevy.

Respondent Bravo indicated these items were in satisfactory condition or that its employees

adjusted them until they were in satisfactory working order. Lamp Certificate number

indicates that Respondent Bravo inspected the headlights, driving lights, and passing

lights on the Chevy. It also indicates that Respondent Bravo inspected or repaired the Chevy's

warning lamps, rear lamps, stop lamps, license plate lamps, side lamps, and back-up lamps. Both

Brake Certificate number and Lamp Certificate number indicate that by

issuing the certificates, Respondent Elite and Respondent Bravo are certifying that:

"All items checked above are of an approved type and I have performed the applicable

inspection, adjustment, or repair as specified by the Bureau of Automotive Repair and

the vehicle manufacturer, and in accordance with Title 13 and Title 16 of the

California Code of Regulations, the Vehicle Code and the Business and Professions

Code. I hereby certify under penalty under the laws of the State of California that the

above is true and correct."

44. The Second Bureau Representative inspected the Chevy after Respondent Elite

completed its brake, lamp, and smog check inspections on the vehicle. The Second Bureau

Representative found the tamper indicators that he had placed on all four wheels were intact and

undisturbed; this indicates that no one removed the wheels to inspect the brake system on the

Chevy. The Second Bureau Representative verified the rear disc brake rotors were undersized and

exceeded the manufacturer's specification. In this condition, the Chevy would not pass a properly

performed brake inspection and Certificate of Compliance — Brake Adjustment number

should not have been issued for the Chevy. The Second Bureau Representative also

found all the tamper indicators that lie had placed on the headlamp adjuster screws were intact and

undisturbed; this indicates that no one adjusted the headlamps on the Chevy. The Second Bureau

Representative verified that both headlamps were not properly aimed. In this condition, the Chevy

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(ELITE CAR CARE. INC.; SAWSAN W. HADDAD and RIGOBERTO MAClAS BRAVO) ACCUSATION

would not pass a properly performed lamp inspection and Certificate of Compliance - Lamp

Adjustment number should not have been issued for the Chevy.

EIGHTH CAUSE FOR DISCIPLINE

(Untrue or Misleading Statements)


Professions Code section 9884.7, subdivision (a)(1), in that Respondent Elite made or authorized

statements which it knew or in the exercise of reasonable care should have known to be untrue or

misleading, as follows:

a. Respondent Elite's technician, Respondent Bravo, certified under penalty of peijury on

Brake Certificate that the rotors on the Chevy were in a satisfactory condition.

In fact, the rear disc brake rotors were undersized and exceeded the manufacturer's specification.

The tamper indicators on all four wheels were intact and undisturbed, indicating that the wheels

were not removed to complete a proper inspection of the Chevy's brake rotors.

b. Respondent Elite's technician, Respondent Bravo, certified under penalty of peijury on

Lamp Certificate that the headlamps on the Chevy were inspected and that they

were in a satisfactory condition. In fact, both headlamps on the Chevy were out of adjustment.

The tamper indicators on the headlamps were intact and undisturbed, indicating that the headlamps

were not actually adjusted.

NINTH CAUSE FOR DISCIPLINE

(Fraud)


Professions Code section 9884.7, subdivision (a)(4), in that Respondent Elite committed acts

constituting fraud, as follows:

a. Respondent Elite issued a Brake Certificate for the Chevy without

ensuring that a bona fide inspection was performed of the Chevy's brake systems.

b. Respondent Elite, issued a Lamp Certificate for the Chevy without

ensuring that a bona fide inspection was performed of the Chevy's lighting systems.

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c. Respondent Elite obtained payment from the Second Operator for performing the

applicable inspections, adjustments, or repairs of the brake and lighting systems on the Chevy as

specified by the Bureau and in accordance with the Vehicle Code. In fact, Respondent Elite failed

to perform the necessary inspections, adjustments, and repairs in compliance with Bureau

Regulations or the Vehicle Code.

TENTH CAUSE FOR DISCIPLINE


47. Respondent Elite's registration is subject to disciplinaiy action pursuant to Business &

Professions Code section 9884.7, subdivision (a)(6), in that Respondent Elite failed to comply with

provisions of California Code of Regulations, title 16, in the following material respects:

a. Section 3305, subdivision (a): Respondent Elite failed to ensure that the inspection


Chevy in accordance with the specifications, instructions, and directives issued by the Bureau and


b. Section 3316, subdivision (d)(2): Respondent Elite issued Lamp Certificate

for the Chevy when some of the lamps, lighting equipment, and/or related electrical


c. Section 3321. subdivision (c)(2): Respondent Elite issued Brake Certificate

as to the Chevy when the brake system on the vehicle had not been completely tested or

inspected.

cl. Section 3353, subdivision (a): Respondent Elite failed to provide the Second

Operator with a written estimated price for labor and parts for Chevy before commencing work on

the Chevy.

e. Section 3373: Respondent Elite wrote in the invoice for services performed on the

Chevy that Respondent Elite completed brake and light inspections, or words to that effect.

However, Respondent Elite did not inspect the entire brake and lamp systems on the Chevy. Thus,

the statements in the invoice were false.

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ELEVENTH CAUSE FOR DISCIPLINE

(Failure to Comply with Regulations)

48. Respondent Elite's brake and lamp station licenses are subject to disciplinaiy action

pursuant to Bus. & Prof. Code section 9889.3, subdivision (c), in that Respondent Elite failed to

comply with the provisions of California Code of Regulations, title 16, sections 3305, subdivision

(a); 3316, subdivision (d)(2); 3321, subdivision (c)(2); 3353, subdivision (a)(1); and section 3373,

as set forth in paragraph 47 above.

TWELFTH CAUSE FOR DISCIPLINE


49. Respondent Elite's brake and lamp station licenses are subject to disciplinary action

pursuant to Bus. & Prof. Code section 9889.3, subdivision (d), in that Respondent Elite committed

acts involving dishonesty, fraud, or deceit whereby another was injured, as set forth in paragraphs

40-44 herein.

THIRTEENTH CAUSE FOR DISCIPLINE



pursuant to Bus. & Prof. Code section 9889.3, subdivision (d), in that Respondent Bravo

committed acts involving dishonesty, fraud, or deceit whereby another was injured, as set forth in

paragraphs 40-44 herein.

FOURTEENTH CAUSE FOR DISCIPLINE



pursuant to Business & Professions Code section 9889.3, subdivision (c), in that Respondent

Bravo failed to comply with provisions of California Code of Regulations, title 16, in the following

material respects:

a. Section 3305. subdivision (a): Respondent Bravo failed to ensure that the inspection


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Chevy in accordance with the specifications, instructions, and directives issued by the Bureau and


b. Section 3316. subdivision (d)(2): Respondent Bravo signed Lamp Certificate

for the Chevy when some of the lamps, lighting equipment, and/or related electrical


c. Section 3321. subdivision (c)(2): Respondent Bravo signed Brake Certificate

as to the Chevy when the brake system on the vehicle had not been completely tested

or inspected.

OTHER MATTERS

52. Pursuant to Business & Professions Code section 9884.7, subdivision (c), the Director

may suspend, revoke, or place on probation tile registration frr all ol business operated in

this Slate by Respondent Elite, upon a finding that Respondent Elite has. or is, engaged in a course

of repeated and will fiil violatlons of the laws and regulations pertaining to an automotive repair

dealer.

53. Pursuant (:0 Code section 98593), if Lamp Station license Number LS 228183, issued

to Respondent Elite, is revoked or suspended. any additional license issued under Articles 5 and 6

of Chapter 20.3 ol Division 3 of the Code in the name of said licensee may be likewise revoked or

suspe n(ted by the Director.

54. Pursuant to Code section 9889.9, if Brake Station License Number BS 228183, issued

to Respondent Elite, is revoked or suspended. any additional license issued tinder Articles 5 and 6

of Chapter 20.3 of Division 3 of the Code in the name of said licensee may be likewise revoked or

suspeu(led by the Director.

55. Pursuant: to Code section 9889.9, if Brake Adjuster, Class C, License Number BA

41353. issued to Respondent Bravo, is revoked or suspended. any additional license issued under

Articles 5 and 6 of Chapter 20.3 of Division 3 of the (ode in the name of said licensee may be

likewise revoked or suspended by the i)irector.

56. Pursuant, to Code section 9889.9, if Lamp Adjuster, Class A, Number LA 41353.

issued to Respondent Bravo, is revoked or suspended. any additional license issued under Art ides

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5 and 6 oIl Chapter 20 .3 of Division 3 C the Code in the name oi said licensee may be likewise

revoked or sus1xnded by the 1)ircctor.

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

and that following the hearing, the Director of Consumer Affairs issue a decision:

1. Revoking or suspending Automotive Repair Dealer Registration Number ARD

228183, issued to Elite Car Care, Inc.; Sawsan W. Haddad, President, Walid Eid Haddad,

Secretary/Treasurer;

2. Revoking or suspending any other automotive repair dealer registration issued to

Elite Car Care, Inc.; Sawsan W. Haddad, President; Walid Eid Haddad, Secretary/Treasurer;

3. Revoking or suspending Smog Check Station License Number RC 228183, issued to


4. Revoking or suspending Lamp Check Station License Number LS 228183, issued to


5. Revoking or suspending Brake Check Station License Number BS 228183, issued to


6. Revoking or suspending any additional license issued under Articles 5 and 6 of

Chapter 20.3 of the Business and Pro fessions Code in the name of Elite Car Care, Inc.; Sawsan W.

Haddad, President; Walid Eid Haddad, Secretary/Treasurer;

7. Revoking or suspending Smog Check Inspector License Number EU 41353, issued to

Rigoberto Macias Bravo;

8. Revoking or suspending Smog Check Repair Technician License Number El 41353,

issued to Rigoberto Macias Bravo;

9. Revoking or suspending Brake Adjuster License Number BA 41353, issued to


10. Revoking or suspending Lamp Adjuster License Number LA 41353, issued to


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'ICK DORAIS Chief Bureau of Automotive Repair Department of Consumer Affairs State of California Complainant

11. Revoking or suspending any additional license issued under Articles 5 and 6 of

Chapter 20.3 of the Business and Professions Code in the name of Rigoberto Macias Bravo;

12. Ordering Sawsan W. Haddad, Walid Eid Haddad, and Rigoberto Macias Bravo to pay

the Bureau of Automotive Repair the reasonable costs of the investigation and enforcement of this

case, pursuant to Business and Professions Code section 125.3; and,

13. Taking such other and further action as deemed necessary and proper.

DATED: 2 Zo7

LA2O 17604307 52499859.doc

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(ELITE CAR CARE, INC.; SAWSAN W. HADDAD amid RIGOBERTO MAClAS BRAVO) ACCUSATION

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xavier becerra attorney general of california linda l. sun...

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