I am seeking a qualified attorney or paralegal to draft and prepare lawsuit documents for filing in Riverside County courts. The defendant has a documented history of failing to respond to summons, including those issued by previous vendors. If applicable, the claim may include treble damages for fraud pursuant to relevant legal statutes.
First Cause of Action
On February 27, 2024, Monterey Shore Holdings, LLC entered into a contractual agreement with Americas Choice Heating and Cooling, which included an authorized deposit payment of $10,523.00 for services to be rendered. On March 14, 2024, Natellie Lopez, Office Manager for Americas Choice Heating and Cooling, informed Monterey Shore Holdings, LLC that the equipment had arrived and requested the final payment, which was made on the same day.
However, America's Choice Heating and Cooling knew that the building was vacant and neither performed the agreed-upon work nor ordered any air conditioning unit from the vendor. After securing a new tenant and engaging an A/C contractor to inspect the system, Monterey Shore Holdings, LLC discovered that the unit had never been installed.
Monterey Shore Holdings, LLC, has incurred a financial loss of $21,046.00, including the original deposit and the final payment.
Second Cause of Action
On November 12, 2024, Monterey Shore Holdings, LLC entered into another contractual agreement with Americas Choice Heating and Cooling, which included an authorized deposit payment of $40,000.00 for services to be rendered.
However, following the deposit payment, an unauthorized charge of $20,000.00 was processed without Monterey Shore Holdings, LLC's written consent, violating the contract's terms.
Upon identifying the unauthorized transaction, Monterey Shore Holdings, LLC contacted Mr. Jack Lyons, the owner of Americas Choice Heating and Cooling. Mr. Lyons claimed the charge was a clerical error and assured that the amount would be promptly credited back. Despite these assurances, as of the date of this report, no refund has been issued, and Mr. Lyons has stated he is financially unable to reimburse the improperly charged funds.
Monterey Shore Holdings, LLC, has suffered a financial loss of $60,000.00, comprising both the original deposit and the unauthorized charge. This amount exceeds Mr. Lyons's original written estimate by $5,000.00.
Further investigation revealed that Monterey Shore Holdings, LLC contacted the authorized York dealer, who confirmed that Americas Choice Heating and Cooling had neither ordered nor installed air conditioning units. Despite repeated claims by Mr. Lyons that the installation had been completed, no supporting documentation or evidence was provided. Additionally, the rebates Mr. Lyons referenced were fraudulent, as York does not offer commercial rebates for the specified systems or provide a Tech Clean program for commercial replacements.
These findings strongly indicate that Mr. Lyons and his company never intended to fulfill their contractual obligations.