30H
JOHN DARLING
E-mail: darling@huntonmann. com
unTORTfTiflnn
RTTORnEyS AT LRUJ
Years of Legal Excellence
January 18, 2024
Anthony Morelli
Southwest Regional Compliance Manager
Construction Industry Force Account Council
PO Box 2442
Camarillo, CA 93011-2442
[email protected]
Cease and Desist Trade Libel Against V. Lopez Jr & Sons GeneralRe:
Engineering Contractors, Inc.
Dear Mr. Morelli:
Please be advised that this office represents V. Lopez Jr & Sons General Engineering Contractors, Inc. ("Lopez"). We have recently been informed that you have contacted the City of Santa Maria ("City") and made several false and defamatory statements regarding Lopez.
Specifically, you falsely alleged (1) that Lopez has two legal entities (claimed to be "V. Lopez Jr. & Sons G.E.C., Inc." and "V. Lopez Jr. & Sons General Engineering Contractors Inc."), (2) that Lopez's coiporate charter has expired, (3) that Lopez's Contractor's License has been issued to the two entities named above , and (4) that the Department of Industrial Relations ("DIR") Contractor Registration number has expired. As discussed below, not only do the documents which Lopez submitted to the City as a part of the bidding process demonstrate that your defamatory statements are false, but a cursory search through the public databases for the relevant state of California government departments easily show that your statements are not true.
As discussed below, various California government departments publicly provide information showing that there is only one entity belonging to Lopez, and not two as you falsely claim. Searches through the California Secretary of State's ("SoS") website (attached hereto as Exhibit A) , California State Licensing Board ("CSLB") website search (attached hereto as Exhibit B)), and DIR website (Exhibit C) all show only Lopez listed and associated with each of the relevant databases, licenses, and registrations. There simply is no evidence to support the existence of a second company as you claimed exists to the City.
You falsely claimed that Lopez's corporate charter has expired. A brief search on the SoS website (attached hereto as Exhibit A) clearly shows that this is incorrect and that Lopez is an active corporation in good standing with the state of California. This is reflected as well in the documents Lopez submitted to the City. There is no basis in fact for this defamatory statement. 301 North Lake Avenue, 7’'’ Floor ● Pasadena, CA 91101-1807 ● Voice: (626) 440-5200 ● Fax: (626) 796-0107 ● www.huntortmann.com
VIA MAIL AND E-MAIL
Attachment C
Anthony Morelli
January 18, 2024
You falsely claim that Lopez's Contractor's License has been issued to the two entities named above. Once more, this claim is easily debunked as Exhibit B demonstrates that the CSLB website search clearly shows that only Lopez is listed on License #607333. There is no second entity as you claimed. This is likewise shown in the documents Lopez submitted to the City.
Last, your claim that Lopez's DIR Contractor Registration number has expired is false.
Again, Lopez possesses an active registration with the DIR which, again, is easily verifiable by searching the DlR's public database, as shown in Exhibit C. The bid documents Lopez submitted to the City also show that Lopez's DIR Contractor Registration is active and in good standing.
There is no basis in fact for this defamatory statement.
As explained above, there is no basis in fact for any of the several defamatory statements you made regarding Lopez to the City. You must immediately cease and desist in making and publishing such statements about Lopez or its principals. These statements are false, not true, and are defamatory.
Your published statements concern, degrade, and damage the reputations of Lopez and its principals. Interfering with Lopez's contractual relationships is tortious conduct as well, and is damaging to Lopez’s prospective economic advantage. You very well know that Lopez is a public works contractor. Making false and defamatory statements, such as the statements you made to the City, is very damaging for a public works contractor and will lead to significant and consequential damages which you are liable for.
Cease making any further statements that damage the reputations of Lopez and its principals or causing other damages to Lopez. Additionally, please inform me of any other statements, in addition to the one referenced above, about Lopez or its principals either written, spoken, or published on-line or electronically in any other medium and the details of any such other statements including the time, date, nature of the statement, where the statement was published or to whom it was made. Furthermore, Lopez intends to fully pursue its rights in this regard.
Please note that this letter contains a preservation notice instructing you to maintain any such files or data that you have on any computer or other storage medium and to take steps to prevent the deletion or overwriting of any of the referenced data relating to your on-line statements about Lopez referenced above or any other further statements that you have made about Lopez or its principals either written, spoken, or published on-line or electronically in any other medium and communications that you have had with Lopez customers or about Lopez projects. Lopez continues to determine whether any other improper conduct has occurred damaging Lopez’s reputation or causing other damage and then the extent of any such further conduct, statements or publications. If suit is filed, we intend to vigorously fight to protect Lopez's rights, and will seek all available damages, which will likely include attorneys' fees.
Finally, please preserve all records relating to your statements about Lopez referenced above or about any other statements that you have made about Lopez or its principals either Attachment C
Anthony Morelli
January 18, 2024
written, spoken, or published on-line or electronically in any other medium and that may relate to further litigation of these issues. See, e.g., National Assn of Radiation Survivors v. Turnage, 115 F.R.D. 543, 556-57 (N.D. Cal. 2006); Convolve, Inc. v. Compaq Computer Corp.^ 223 F.R.D. 162, 175 (S.D.N.Y. 2004); Apple Inc. v. Samsung Electronics Co., Ltd., 881 F. Supp. 2d 1132, 1136 (N.D. Cal. 2012). Following a legal demand, you “must suspend [any] routine document retention/destruction policy and put in place a Mitigation hold' to ensure the preservation of relevant documents.” Zubulake v. UBS Warburg, 2020 F.R.D. 212, 218 (S.D.N.Y. 2003).
You should preserve all electronically stored information, copies and backups, along with any paper documents or other files, which you maintain that relate to your on-line statements about Lopez referenced above or to any other statements that you have made about Lopez or its principals either written, spoken, or published online or electronically in any other medium. This should include, but is not limited to, all electronic files created, revised or maintained by you on any storage media, network servers, desktop hard drives, portable devices (laptops, cellular telephones, tablets, smartphones), cloud-based storage systems, diskettes, CDs, DVDs, etc., as well as email messages, text messages, iMessage, SMS messages, direct messages through any messaging applications (e.g. Linkedin, Instagram, Facebook, Facebook Messenger, WhatsApp, Signal, Telegram, Discord, Snapchat, TikTok) and attachments.
Additionally, you are on notice not to allow the deletion of any electronic or paper files or communications, both from your personal files and other source. You are instructed to stop any and all document or data destruction mechanisms, and to take all steps to ensure that documents and data are preserved and not deleted, altered or modified in any way. Finally, you must notify current or former agents, attorneys, employees, custodians or contractors, or other third parties in possession of potentially relevant information to preserve such information to the full extent of your, or their, obligation to do so.
If you have counsel, please forward this letter to your counsel. If you have a good faith basis that you were not intentionally making the claims you made to the City then please provide all information and documents to support such an indication and I will consider retracting this letter. Otherwise, I await your response. Lopez reserves the right to pursue any and all remedies, rights and obligations that it may have, including filing for injunctive relief and/or monetary damages, without further notice and reserves all rights to do so.= Very truly^ours.
John >g
JDD:JPC
Vince Lopez III
Butch Lopez
cc:
Attachment C
EXHIBIT A
Attachment C
Search | California Secretary of State1/17/24,3:01 PM
California LoginBusiness UCCSecif-:a' \ of '■■iaU'
V. LOPEZJR. & SONS GENERAL
ENGINEERING CONTRACTORS,
INC. (2937212)
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Standing - SOS
Standing ● RB
Standing - Agent
Standing ● VCFCF
Formed In
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CALIFORNIA
Stock Corporation - CA ●
General
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Principal Address 1639 E DONOVAN RD
SANTA MARIA, CA 93454
Mailing Address 1639 E DONOVAN RD
SANTA MARIA,CA93454
Statement of Info
Due Date
12/31/2024
Individual
VINCE LOPEZ
1639 E DONOVAN RD
SANTA MARIA, CA 93454
Agent
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INC. (2937212)
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statement of info 12/31/2024
Due Date
Agent Individual
VINCE LOPEZ
1639 E DONOVAN RD
SANTA MARIA, CA 93454
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V. LOPEZJR. &
SONS GENERAL
ENGINEERING
CONTRACTORS,
INC. (2937212)
> 12/11/2006
Principal Address 1639 E DONOVAN RD
SANTA MARIA, CA 93454
Mailing Address 1639 E DONOVAN RD
SANTA MARIA,CA93454
Statement of Info
Due Date
12/31/2024
Individual
VINCE LOPEZ
1639 E DONOVAN RD
SANTA MARIA, CA 93454
Agent
Or^OO
(7^
Request AccessView History
© 2024 CA Secretary of State
3/3https://bizfileonline.sos.ca.gov/search/business
Attachment C
EXHIBIT B
Attachment C
Contractors State License Boar
©Contractor's License Detail for License #
607333
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
» CSLB compleim disclosure ^ resincred by lew (B4P 7124,6} tf (Ns enmy is subject to public complaint disclosure click oo link th4l will dppeer below lor more lolormetion Click here for a defmition of disposable actions » Orly construction related Civit fudgmenls reported to CSLB disclosed tS&P 707X 1?}. $ Arbitrations arc not liSlcd unless Ihc contractor fails to comply with the terms » Due to workload, (here may be relevarft information that has r^ot yet been entered into the board's license database Data current as of 1/17/2024 2:56:24 PM
VLOPEZ JR & SONS GENERAL ENGINEERING CONTRACTORS INC
1639 E. DONOVAN RD
SANTAMARIA, CA93i54
Business Phone Njmt>er:(805) 928-119S
Entity
Issue Date
Corporation
11/29/1990
09/28/2007
09/30/2025
Reissue Date
Expire Date
This license is current and active,
All information below should be reviewed.
> A-GENERAL ENGINEERING
► B-GENERALBUILDING
Contractor's Bond
This license filed a Contractor's Bond with HUDSON INSURANCE COMPANY.
Bond Number; 30119671
Bond Amount: $25,000
Effective Date: 07/01/2023
Contractor's Bond History
Bond of Qualifying Individual
► The qualifying individual VINCENT LOPEZ JR certified that he/she owns 10 percent or more of the votingstock/membership interest of this company; therefore, the Bond of Qualifying individual is not required.
Effective Date: 01/13/2022
BQI’s Bond History
► The qualifying individual BUTCH ALBERT LOPEZ certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying individual is not required.
Effective Date: 01/14/2022
Attachment C
This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY
COMPANYOF AMERICA
Polity Number:UB4P27S832
Effective Date; 02/01/2020
Expire Date: 02/01/2024
Workers' Compensation History
► 09/28/2007 ● LICENSE REISSUED TO ANOTHER ENTITY
B.hf to Top ●inciH’ 1
% Bolic-
Copyright © 2024 State of California
Attachment C
EXHIBIT C
Attachment C
cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails1/17/24, 3:07 PM Registration HistoryContractor Information
Effective Date Expiration DateLegal Entity Name
V.LOPEZ JR. AND SONS GENERAL ENGINEERING ...
Legal Entity Type
Corporation
Status
Active
Registration Number
1000001200
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
P.O. BOX488 SANTA MARIA 93456 CA United St...
Physical Address
1639 E Donovan Rd SANTA MARIA 93454 CA Un...
Email Address
Trade Name/DBA
License Number(s)
C5LB:607333
7/11/2018 6/30/2019
5/8/2017 6/30/2018
6/2/2016 6/30/2017
6/19/2015 6/30/2016
6/30/20159/8/2014
7/1/2019 6/30/2022
6/30/20257/1/2022
Legal Entity Information
Corporation Number:
Federal Employment Identification Number:
President Name:
Vince Lopez III
Vice President Name:
Vince Lopez Jr
Treasurer Name:
Butch Lopez
Secretary Name:
Butch Lopez
CEO Name:
Agent of Service Name:
Vince Lopez
Agent of Service Mailing Address:
1639 E Donovan Rd Santa Maria 93454 CA United States of America Workers Compensation
Do you lease employees No
through Professional
1/2https://cadir.my.salesforce-sites.eom/ContractorSearch/PrintRegDetails Attachment C
cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails1/17/24, 3:07 PM Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO
PEO InformationName
PEO
Email
PEO
Phone
Insured by Carrier
Policy Holder Name:VLOPEZJRANDSONSGENERALENGINEERINGCONTRACTORSI NC Insurance CarrienTRAVELERS COMMERCIAL INSURANCE COMPANYPolicy Number:
UB-0K154981-19-26-GInception date:2/l/2019Expiration Date:2/l/2023 htlps://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 Attachment C
PROOF OF SERVICE
V. Lopez Jr. & Sons General Engineering Contractors, Inc. v. The City of Pismo Beach Case No. 20CV-0652
2 3
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4 At the time of service, 1 was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 301 North Lake Avenue, 7th Floor, Pasadena, CA 91101-1807.
On January 18, 2024,1 served the following document(s) described as LETTER RE FALSE STATEMENTS TO CITY OF SANTA MARIA on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows:
5 6
7 SEE ATTACHED SERVICE LIST
9 BY MAIL: I am "readily familiar" with Hunt Ortmann Palffy Nieves Darling & Mah, Inc.'s practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at Pasadena, California, on that same day following ordinary business practices.
BY E-MAIL: 1 caused a copy of the document(s) to be sent from e-mail address [email protected] to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
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1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on January 18, 2024, at Pasadena, California.
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Rachel Smith
20 21
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28 Attachment C
SERVICE LIST
V. Lopez Jr. & Sons General Engineering Contractors, Inc. v. The City of Pismo Beach Case No. 20CV-06522
Anthony Morelli
Southwest Regional Compliance Manager
Construction Industry Force Account Council
PO Box 2442
Camarillo, CA 93011-2442
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2 Attachment C