Why Don't We Get Sued? Because...

Why aren't we being sued? Because...from Krubinski vs Schmutzer-"truth is a complete defense against liability for defamation, regardless of bad faith or malicious purpose."

Friday, September 12, 2014

Suit Filed Against DeckTech in San Luis Obispo Superior Court

A suit, #14VC 0467, was filed in Superior Court in San Luis Obispo on September 8th that alleges that DeckTech Inc of Grover Beach made numerous violations under the California Business & Professions Codes, along with Breach of Contract, Construction Defects, Negligent Misrepresentations and Deceit Damages on a large project in Morro Bay. The 35 page complaint claims numerous problems with the work.

No dollar amount was claimed in the initial filing, however part of the claim by the plaintiff hints that they will be seeking a large sum when it stated that DeckTech's owner Ron McKenna's "outrageous and despicable conduct subjected the Plaintiff to a cruel and unjust hardship in conscious disregard of the Plaintiff's rights, so as to justify an award of exemplary and punitive damages."

As the suit has just been filed and no answer from the defendant has been made, this just represents one side of the claim. The first hearing has been set for January. Once the reply from DeckTech has been filed, we will provide copies of that in another story.

Among the many claims by the plaintiff, some of which appear to be corroborated with copies of the contract are that Decktech violated the law by taking an initial deposit above the maximum $1,000.00 or !0%, allowable, whichever is LESS, failed to install the waterproofing membrane for a tile covered deck to the proper thickness, failed to install, grout and layout the tiles properly, failure to slope the deck properly to drain and also caused damages to the Plaintiff's home that wasn't repaired.

The suit also claims that Ron McKenna of Decktech made false and misleading statements to induce the Plaintiff to buy from Decktech.

More to come as we receive information.

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