Free Declaration - District Court of California - California

Case 3:07-cv-02193-LAB-WMC

Document 21-6

Filed 03/12/2008

Page 1 of 3

Exhibit E

Case 3:07-cv-02193-LAB-WMC

Document 21-6

Filed 03/12/2008

Page 2 of 3
~ 003/006

.02/08/2008 12: 22 IFAX LFAXOPERATIONmKIRKLAND. COM Feb. 8. 2008 12: 16PM

i~

No.5917 ,P. 3

K¡EGAN &; BAKR, LLP '.
, .. . A Lji~fJTEP lilAÚILTY PÅRTNERml'

. '. 4370 u~ôÏL VILIAGi n"iu ~ sii 640 "
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DiÊco, CAn-ORNI 92lZ2 ,
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tfllephone- 858.552.6750

facsile- .$58.S.S2.6749 . .

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JùIY' 2~ 2007. ,

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~ Home Depot n.$;A.; ink. ','

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. 2455 ~acës Fei,RóaeC'
'" Atlanta. GA 39339. '.

DeaiSir or Madan:
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Ths letter is sent on behal of Richard Stanord in satisfaction of the requiments set
fort in Californa Civii.code § .1782.

Home Depot U.S.A., Inc.. (hereina "Home Depot") is ,a. upersonJt with the meang
of

Civil Code' §§ 1761(c)dand 1170, aId offered and provided hot water iieaters~ which a:e .

"goods" within the meanng of Califomia CivHCode §§ 1761 (a) and 1770.

As purchasers orhot water heaters and permits at the Home Depot located on 4255 Genesee Avenue, Richard Stanford, and others similarly situated, are IIconsuners" within the
meang of Civil Code §§ l761(d), 1780, and 1781. Furermore, each

heater and permt by Richa StanorP imd other similarly situat~ constitutes a ''tsaction''
withn the meang of

payment for a

hot water

Civil C~de §§ 1~61(e) and 1780.
I

Asset fort below, Home De¡ot's acts, practices. representations, omissions, and course
of conduct with respect to the promotion and sale orhot water heaters and pennits violates the

Consuners Legal Remedies Act, Ci'V,Code § i 750, et sea., in that: (a.) Home Depot passed off its serces as those of another in violation of Civil Code §1770(a)(1); (b) Home Dept

misreprented the affiliation, connecton, or association wi~ Or oercation by, another in
violation of Civil Code § 1770(a)(3); (0) Home Depot represented. that its serices have sponsorship, approval; chareristics, ingredients, uses, benefits, or quatiti~s which they do not
have in violation of Civl Code §1770(a)(5); (d) Home "Depot a parcular standard, quatity~ or grade when they are of another in violation of

§ I 770( a)(7; ( e) and Home Depot advertsed its servoes .with intent not to sell them as
advertsed in violation of

repented that its serces ar~ of Civil Code

Civil Code §l7!O(a)(9).. '
i

Specifcaly, Home Depot sold hot water heaters to Richa Stanord, and other similarly
situated consuers, bundled with an additioJII charge for obtaning any necessar pennits from
the City of San Diego for the insllation of

the hot water heaters in the consumer' home.

However, desite ohargig an additionai fee for obtainig any necessai peimts, Home Depot never actally obtained any such pemts and, instead, kep the addional charge.

Exhibit E
Page 32

Case 3:07-cv-02193-LAB-WMC

Document 21-6

Filed 03/12/2008

Page 3 of 3
~ 004/006

02/08/2008 12: 22 IFAX LFAXOPERA TIONmKIRKLAND. COM

Feb. 8. 2008 12:16PM

No. 5917 P. 4

4Il
AB a result of

unjusty enrched at the expense of

the oonøuct descrbed above, Home Depot has been and cOntiues to be Richard Staford, and others similarly situted. Specifically,

Home Dept has received and retaied many thousands of dollar in excess prfits eaed frm

the chgig of aD additional fee to obtan licenses thwere never t\tuaIly obtaed.
Accordingly and puruant to Caifornå. Civil Code § 1780(a), Richd Staord demands
th Home Depot correct- repair; relace, or otherwse 'Violation of rectify the serces åleged to

'be in

Californa 'Civil Code § 1770(a) above within 30 days ofreoeipt oftbs leter, by (1)

identifng aid refuding' all rees paid by Riolid StaorQ, and othëi". simlarly sttuattdt ror obtaig licenes that were never actually obtaie.d ; (2) stopping the busess prace of chargiag.an additi~na fee to obta licenes that are n6ver áctu1y obttned (3) oreating a policy' to timely refund al additional chages for licenses tht are never ~btaed when they do occur; . (4) pubiicizing a corrctive notice or these wrngfu pracces and the co1'ecnve acton taen to
stop 1hese wrongf practces to all of your customers; and (5)

payig Richad Staord1-s

attorneys' fees ard costs of litigation pursant to California Civil Code § 1 780( d).

. Thank you fòr your i~ediate atttion to this mattr. J look forwd to your response.

EGAN &; BAKER, LLP

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Exhbit E
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