TO THE OFFICE OF THE CITY ATTORNEY MARA W. ELLIOTT

June 4, 2020 TO THE OFFICE OF THE CITY ATTORNEY CITY OF SAN DIEGO MARA W. ELLIOTT, CITY ATTORNEY ACE CIVIL ENFORCEMENT UNIT 1200 Third Avenue, Suite 1100, San Diego, California 92101-4103 (619) 533-5800 or (619) 533-5856 (FAX) CITIZEN REPORT AND INFORMAL COMPLAINT OUR HOUSE HAPPENED TO HAVE A SLAB LEAK ON APRIL 27, 2020. 1.  Our claim for secondary damage is denied by STATE   FARM INSURANCE on account of a falsified "no leak but leak under the foundation" scenario composed of statements and video live feed to the person on the other side of the line, whom we do not know who in the first place, conducted by the plumber, JOHN. 2.  We hired the plumber, JOHN, ALL EXPRESS PLUMBING, who FIRST WARRANTY sent to us,  whom I trusted to fix our hot water line leak.  3.  On  April 27, 2020 John came by himself and did a leak detection using leak detection instrument to know where the leak/leaks was/were. It is to our belief John being a licensed plumber and endorsed to us by FIRST AMERICAN HOME WARRANTY INSURANCE that he knew where the leak is located and how to fix it. 4.  We requested for a copy his leak detection report submitted to the FIRST AMERICAN HOME WARRANTY. He refused to give us any despite of our earnest PERSISTENT request.   4A.  We requested for the same copy from FIRST         AMERICAN  twice, but they refused to give us one. 5.  We discussed options on how to repair the leak: Option 1 is to repair the leak and he will be paid $700 covered by insurer FIRST AMERICAN. NO COST TO US. Option 2 is to install new pipe out of the slab  to replace the leaking pipe embedded in the slab. He advised us that this is a better option because it is easier to know, see a leak and repair it if the same happened again in the future. However, we need to pay him an out from our pocket $3600 in addition to the amounts we could recover from FIRST AMERICAN up to $1500. In other words, he would take home a hefty more or less $5100.  6.  We agreed to do Option 1 since it is no cost to us as the expense of $700 is well covered by our policy. 7.  On May 5, 2020 about 3:00 pm John, the plumber, came with 2 helpers with a jackhammer BUT without showing any pipe, connectors, torch, butane or map gas or soldering materials. (see PICTURE C MATERIALS AND TOOLS HE DID NOT SHOW up WITH HIM) 7A.  THIS IS A MANIFESTATION  THAT HE SHOWED UP NOT TO ACTUALLY FIX THE LEAK BUT FOR ANOTHER PERSONAL OBJECTIVE. 8.  WHAT A DISPLAY OF BRUTE FORCE FOR A WORK WORTH $700,  HOW COULD HE PAY HIS HELPERS? HOW MUCH MONEY LEFT FOR HIM AND HIS BUSINESS TO SURVIVE? 9.  Where he could do it by himself using handy electric rotary hammer and drill and chisel tool without any helper and that brutal jackhammer. (SEE THE WATER LEAK SPOT BEFORE DIGGING IT OUT IT IS SOFT LIKE A PIECE OF CAKE, SEE PICTURE B). This fact about the leaking spot which John INTENTIONALLY did not disclose and deliberately hide from us, had been revealed to us in VIDEO 6. 10. When they have dug the leaking spot, I noticed they are looking traces where the leak is showing up. They could not find any.  I asked John wether the valve to the water heater is full way open. He answered, "It's not my house", I told him,  "I'll check on it. "OK lets check it together", he replied. We went to the water heater. He gestured opening up the valve and asked if the valve as I see it,  is fully opened.   I replied, "Let me check". I checked and pretended to agree with him but actually the valve was just slightly opened. I knew how it feels when a valve is fully open or not,  being a SHELL petroleum REFINERY operations and maintenance man for 25 years.(see VIDEO 3) 11.  He excavated the affected area with a jackhammer then when the leak seems to be appearing on the line the plumber stopped digging and appeared to be bothered, (see VIDEO 4)) he instructed his helper to open the the kitchen hot water faucet (see VIDEO 5), purposely to release pressure on the line, then, the leak disappeared and he continued digging but farther away from that leaking point.   (see VIDEO 8 and PICTURE 1A) 12.  After digging almost 1.5 square foot of concrete with a depth of 6 inches while the hot water line is devoid of pressure he set his camera, took a live video of the excavation and informed the man on the other side of the line, whom I did know at that time who he was, that he can not find a leak THOUGH HE HAD DUG 10 INCHES OF CONCRETE, (absolute lie),  though he just dug 6 inches at the most (see VIDEOS 1, 2 , 6 and PICTURES 1, 2, 3, A) and concluded a statement that the leak is under the foundation.  13.  Later,  the STATE FARM insurance adjuster talked to us (now we know who was the man on the other side of the line) that based on the plumbers video footage and statements BY JOHN,  our claim is not covered because the leak is under the foundation. 14.  Earlier John also called up PROBABLY the American Home Warranty after STATE FARM and showed the same excavation FOOTAGE with no trace of leak but a suspected leak under the foundation, that he could not dig anymore; hence, he was allowed repair work, OPTION 2, the more expensive project of rerouting the pipe out of the slab.  14A. The following day, May 6, 2020,  in the afternoon John   came back to do a re route of the leaking hot water line. We talked and told him that our claim for secondary damages from STATE FARM has been denied on account of his falsified video footage and statements. I told him, "You can go." We fired him FOR HIS FRAUDULENT ACT. 15.  John worked like a secret agent helping  STATE FARM INSURANCE out of liability which we suspect that he will be paid for it to recover his costs and be awarded sumptuous considerations for his craft and ingenuity;   16.  and he mislead the FIRST AMERICAN HOME WARRANTY into allowing him do OPTION 2, a more costly re route of hot water line.  16A.  By the reckless using of the jackhammer he damaged other pipes, probably the cold water pipe in the slab along the hallway and/or the cold and hot water pipes embedded in the slab adjacent to it towards the kitchen sink that subjected those pipes to an impending leak in the days to come as constant dampness has been noticeable in that spot now. (see VIDEO 7) 17.  He got a huge financial gain out of this incident for himself and a supposed  great loss to us being denied of insurance coverage payment from STATE FARM an estimated $10,000 to $15000 depending on how the restoration company do it and $3600 for OPTION 2 pipe leak repair from our pocket.  18.  To wit :The following day we received a denial of our claim for secondary damage by STATE FARM (see STATE FARM DENIAL LETTER below) and we fired John for his fraudulent act.  19.  HIS FRAUD EVENTUALLY EXPOSED ITSELF.  After a couple of weeks the leak deteriorates while opening and closing the valve to the water heater to take shower  and it showed up not under the foundation as John stated (see VIDEO 6) but a leak in the slab which JOHN intentionally and deliberately hide from us; a leak which is most easily visible with a naked eye which can be repaired less costly and not a leak under the foundation which JOHN fraudulently stated. 20.  AS I SEE IT, HE HAD THE CAPACITY TO DEFRAUD EITHER THE INSURANCE COMPANIES OR THE HOMEOWNERS OR BOTH FOR MONETARY GAIN. I STRONGLY BELIEVE HIS FRAUD MUST BE STOPPED TO MAKE OUR COMMUNITIES SAFER. 21.  IT IS TO MY BEHOLDEN BELIEF THIS A CRIME NEEDED TO BE REPORTED TO THE POLICE AND BE PURSUED TO DETER THIS PLUMBER DOING THIS FRAUDULENT ACTS AGAIN FOR THE SAKE  OF JUSTICE, FAIRNESS,  SAFETY AND SECURITY IN  OUR COMMUNITY. Yours faithfully, Antonio L. Buensuceso VIDEO EVIDENCES VIDEO 1 TAKEN 7 MAY 2020 VIDEO FOOTAGE OF THE ACTUAL HOT WATER LEAK AND DEPTH MEASUREMENT OF THE ACTUAL LEAK TAKEN BY US CONTRARY TO THE NO LEAK SCENARIO MANIPULATED BY THE PLUMBER BY SETTING A MERE SLIGHT OPENING ON THE LINE TO THE WATER HEATER AND OPENING UP THE HOT WATER FAUCET ON THE KITCHEN SINK TO RELEASE PRESSURE. VIDEO 2 TAKEN 7 MAY 2020 VIDEO FOOTAGE OF THE ACTUAL HOT WATER LEAK THIS LEAK IS CONCEALED BY THE PLUMBER BY OPENING UP THE SINK HOT SIDE FAUCET AS EVIDENCED BY THE INCRIMINATING AUDIO OF THE GUY WHO WAS INSTRUCTED TO OPEN THE HOT SIDE FAUCET TO OBVIOUSLY TO RELEASE PRESSURE ON THE HOT WATER LINE....HEAR THE AUDIO ON VIDEO 5. VIDEO 3 TAKEN 5 MAY 2020 CHECKING IF THE MAIN VALVE TO THE WATER HEATER IS FULLY OPEN.. WE CHECK IT TOGETHER . HE TOLD ME ITS FULLY OPEN ...I PRETENDED TO AGREE WITH HIM BUT IN FACT IT WAS NOT. IT IS JUST SLIGHTLY OPEN WHEN I CHECKED ON IT. I KNOW HOW IT FEEL VALVE OPENINGS BEING A PETROLEUM REFINERY OPERATIONS AND MAINTENANCE MAN FOR 25 YEARS. VIDEO 4 TAKEN 5 MAY 2020 RATTLED PLUMBER AS HE SAW SOMETHING  THAT BOTHERED HIM SO MUCH. HE STOPPED DIGGING. HE FIXED SOMETHING IN THE HOT SIDE OF THE LINE AS HE INSTRUCTED HIS HELPER TO OPEN THE HOT SIDE KITCHEN SINK FAUCET THE PURPOSE OBVIOUSLY IS TO DEVOID THE HOT WATER LINE OF PRESSURE THEREBY HIDING THE LEAK TO US. VIDEO 5 TAKEN 5 MAY 2020 INCRIMINATING SENTENCES HOTSIDE....HOTSIDE... THEN THE GUY WENT OUT TO THE KITCHEN SINK. MY DAUGHTER IS ASKING THE GUY WHO WENT TO THE SINK WHAT HE IS DOING. HE ANSWERED,  "HE TOLD ME TO OPEN THE FAUCET". hear it again...HE TOLD ME TO OPEN THE FAUCET... VIDEO 6 MAY 20,2020 HOT WATER LINE LEAK DETERIORATES Video now May 20, 2020 after a couple of weeks,  the hot water line leak deteriorates and becomes more apparent and exposed clearly the leak that John, the plumber concealed from us. THE LEAK IS ON THE VERTICAL HOT WATER LINE IN THE SLAB AND NOT UNDER THE FOUNDATION AS HE INFORMED THE ADJUSTERS OF STATE FARM AND FIRST AMERICAN. VIDEO 7 MAY 25, 2020 VIDEO TAKEN 4 DAYS  AFTER  REROUTE OF THE HOT WATER LINE ON THE PERIPHERALS OF THE COLD WATER LINE SHOWING 12% TO 17% DAMPNESS SIGN OF POSSIBLE IMPENDING LEAK IN THE COLD WATER LINES AND THE HOT AND COLD WATER LINES TO THE KITCHEN SINK DAMAGED BY THE DIGGING OPERATIONS CONDUCTED RECKLESSLY BY JOHN USING A FORCEFUL JACKHAMMER. Notice the new hot water line copper pipe installed 4 days ago. VIDEO 8 TAKEN MAY 5, 2020 AFTER  THE COMMOTION AND OPENING OF THE KITCHEN SINK HOT WATER FAUCET MY DAUGHTER TOOK THE VIDEO OF THE EXCAVATION. NOTICE THAT THE EXCAVATION COVERS ONLY SECTION 1 THEN THIS TIME JOHN STOPPED DIGGING SECTION 1 AND MOVED TO SECTION 2 FARTHER AWAY FROM SECTION 1 VIDEO 9 TAKEN MAY 5, 2020  VIDEO SHOWING DELIBERATE AND INTENTIONAL HIDING THE LEAK FROM US THROUGH ORAL DENIAL OF THE EXISTENCE OF LEAK IN THE LINE. HE WAS ASKED WETHER HE DID FIND THE LEAK ALREADY AND JOHN REPLIED A RESOUNDING "NO, NOT YET" THOUGH ACTUALLY HE FOUND IT. THIS IS AN UNEQUIVOCAL VIVID EXPRESSION OF HIS LYING AND CHEATING INTENTIONS. PICTURES EVIDENCES PICTURE 1 TAKEN 7 MAY 2020 TOP VIEW OF THE EXCAVATED CONCRETE  WITH AN AREA OF 1.5 SQUARE FEET WITH A DEPTH OF 6 TO 4 INCHES ( NOT 10 INCHES) AS THE PLUMBER STATED SECTIONS 1&2. PICTURE 2 TAKEN 7 MAY 2020 SECTION 1 OF THE EXCAVATED CONCRETE  TOP VIEW WITH DEPTH 6 TO 5 INCHES FIRST THE PLUMBER DUG  SECTION 1 (PICTURE 2) TO A DEPTH OF 6 INCHES. THEN HE NOTICED TRACE OF LEAK IN THE HOT SIDE OF THE WATER LINE. HE INSTRUCTED HIS MAN TO OPEN THE HOT WATER FAUCET IN THE KITCHEN SINK. THE LEAK DISAPPEARED. THEN HE DUG AWAY FROM SECTION 1 TO THE  DIRECTION OF SECTION 2 (PICTURE 3)   PICTURE 3 TAKEN 7 MAY 2020 SECTION 2 OF THE EXCAVATED CONCRETE  TOP VIEW WITH DEPTH OF 5 TO 4 INCHES HE STOPPED DIGGING ON SECTION 2 AFTER EXCAVATING LESS A SQUARE FOOT OF CONCRETE AND STATED HE IS STOPPING EXCAVATING  BECAUSE HE STRESS AN ASSUMPTION THAT THE LEAK IS UNDER THE FOUNDATION AND HE HAS DUG 10 INCHES DEPTH OF CONCRETE AND ITS THE MOST HE CAN DO. HE MADE A VIDEO OF HIS STATEMENTS AND THE EXCAVATION TO THE OTHER PERSON ON THE LINE, WHOM WE DO NOT KNOW WHO, DURING THAT TIME. LATER,  HOWEVER I LEARNED HE WAS TALKING TO THE ADJUSTER FOR THE SECONDARY DAMAGE WHEN THAT ADJUSTER CALLED INFORMING US THAT ON ACCOUNT OF THE VIDEO AND STATEMENTS OF THE PLUMBER SAYING THE LEAK IS UNDER THE FOUNDATION, HE IS DENYING OUR CLAIM FOR SECONDARY DAMAGE.  AND, THE FOLLOWING DAY WE RECEIVED A FORMAL DENIAL LETTER FROM THE HOME  INSURANCE. STATE FARM INSURANCE DENIAL LETTER PICTURE 1A TAKEN MAY 5, 2020 EXCAVATION SECTION 1 ONLY TAKEN AFTER THE COMMOTION ON THE LEAK SHOWING UP ON THE HOT WATER LINE, THEN THEY STOPPED DIGGING SECTION 1 AND CONTINUED DIGGING AWAY FROM SECTION 1 TO SECTION 2 SHOWING DELIBERATE INTENT NOT TO FIX THE LEAK BUT TO JUST TO MAKE AN EXCAVATION USEFUL TO HIS INTENT TO FALSELY STATE THAT HE HAD EXCAVATED A LOT AND THAT HE WAS NOT ABLE TO SEE ANY LEAK AND THAT THE LEAK SHOULD BE FROM UNDER THE FOUNDATION  HE STRESSED, FOR THE BENEFIT OF STATE FARM INSURANCE. PICTURE A  PICTURE B NOTICE THE SOFT CONCRETE ON TOP OF THE LEAKING SPOT AN INDICATION THAT THE LEAKING LINE HAD UNDERWENT A PREVIOUS REPAIR AND COULD BE OPENED UP AGAIN NO NEED OF HELPERS AND THE JACKHAMMER AND BRINGING WITH HIM JUST A SMALLER ELECTRICAL  HAMMER AND MASONRY CHISEL WHICH WOULD NOT SHATTER THE FOUNDATION AND THE WATER LINES IN IT. NOTE THAT HE BROUGHT WITH HIM 2 HELPERS AND A MIGHTY JACKHAMMER  NOT REALLY TO REPAIR THE LEAKING HOT WATER LINE BUT DELIBERATELY HIDE IT FROM US AND TO INTENTIONALLY ACCOMPLISH HIS OBJECTIVE TO CREATE AN EXCAVATION TO PROVE THAT THERE IS "NO LEAK IN THE SLAB BUT A SUSPECTED LEAK UNDER THE FOUNDATION" GIVING HELP TO STATE FARM TO ESCAPE SECONDARY DAMAGE LIABILITY AND GETTING FROM FIRST AMERICAN A COSTLIER PIPE REROUTE THAN SIMPLE LEAK REPAIR.  WOULD YOU BELIEVE HIM IF HE SAYS , THE STATEMENTS AND THE VIDEO LIVE PRESENTATION PRODUCED BY HIM WERE FREE? JOHN DAMAGED OUR HOUSE STRUCTURALLY, AND HARMED US FINANCIALLY AND DEFRAUDED US AND FIRST AMERICAN AND ENRICHED STATE FARM INTENTIONALLY AT OUR EXPENSE.  HE MUST BE HOLD ACCOUNTABLE TO THIS WRONGDOING. OUR SOCIETY WOULD NOT BE SAFE WITH THIS MAN ROAMING AROUND DOING WRONGS SCOT FREE. PICTURE C COPPER PIPE, MAP OR PROFANE GAS CANISTER, TORCH AND OTHER SOLDERING MATERIALS COULD NOT BE SEEN ANYWHERE IN ALL THE VIDEOS  BUT JUST THE JACKHAMMER AN INDICATION THAT HE INTENDED JUST TO MAKE AN EXCAVATION  AND NOT TO REPAIR ANY LEAKING PART OF THE HOT WATER LINE. HE HAD CONDUCTED THE LEAK DETECTION ABOUT 4 DAYS AGO AND OBVIOUSLY KNEW WHERE THE LEAK IS AND HE SUPPOSED TO FIXING THE LEAK BUT HE CAME  WITHOUT THESE TOOLS AND MATERIALS, REVEALING OBVIOUSLY HIS INTENTION TO JUST MAKE AN EXCAVATION  WITHOUT ANY SHOWING OF LEAK AS EVIDENCE WHERE STATE FARM CAN RELY ON PURPOSELY TO DENY OUR INSURANCE CLAIM AGAINST STATE FARM. PICTURE D MAY 21, 2020  HOT WATER LINE LEAK REPAIR REROUTE RECEIPT SIMPLE LEAK REPAIR WOULD NOT BE ADVISABLE ANYMORE AS PER THE NEW PLUMBER'S ASSESSMENT DUE TO THE DAMAGE IMPACTED BY THE JACKHAMMER TO THE HOT WATER LINES EMBEDDED IN THE SLAB COSTING US $1068.75 FROM OUR OWN POCKET.