A young couple paid a contractor $1,500 after their dishwasher flooded their kitchen. It was downhill from there.
Restrepo, a college professor originally from Colombia, and Marks, a grammar school teacher, were impressed and grateful. They paid Darcy a $1,500 deposit for what the invoice described as 'plans for kitchen remodel.'
But Restrepo failed to get a signed contract spelling out what Darcy was expected to do and by what date, and how much (and when) Restrepo would pay him.
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It was a mistake, Restrepo now acknowledges. He assumed Darcy understood the importance of getting the job done before the baby's due date a month later. You can guess what happened next: The job didn't get done, and the couple never got a refund from Darcy. On Sept. 11, Restrepo complained to Home Depot and asked for his money back after finding Darcy unresponsive to calls and texts.
Restrepo first contacted me for help in December. The baby was 3 months old by then, and the couple was still without a functioning kitchen. (They were using the bathroom sink to wash baby bottles and heating them in a microwave oven.)
Restrepo's attorney had sent a letter to Darcy in November saying he had 'failed to do any of the work he promised' and demanding unspecified damages under the state consumer protection law (Chapter 93A), which allows a court that rules in favor of a consumer to award triple damages plus attorney's fees (which in Restrepo's case could exceed $5,000).
The letter from Restrepo's attorney detailed an almost two-week period between Aug. 29 and Sept. 10, when Restrepo reached out to Darcy seven times by phone or text. (Restrepo shared with me phone and text records that support his assertions.) During that period, Darcy picked up once, on Sept. 4, saying he would call right back but didn't, Restrepo said. That evening Darcy texted, suggesting they 'chat in the morning.' Restrepo called the next day but got no answer, and his three subsequent calls over the next two days were not returned either.
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In the last text he sent to Darcy, on Sept. 6, Restrepo wrote: 'We are expecting our child soon and really need our kitchen. We are counting on you.'
In early December, Darcy replied to Restrepo's attorney, defending himself and saying it was Restrepo who became 'impatient' as Darcy carried out his 'investigative work' and formulated a plan for the kitchen renovation, including plans to test the electrical service in the 23-unit condo building.
Darcy did not specifically address Restrepo's contention that he dropped out of communication with him.
In the letter, Darcy blamed Restrepo for 'lying and withholding … correct information' in the complaint Restrepo made to Home Depot on Sept. 11. That complaint resulted in Darcy being terminated by Home Depot as one of its certified contractors, after the company said it tried to reach him multiple times without success. Darcy wrote that he planned to 'litigate against' Home Depot based on 'false information' provided by Restrepo and that it was 'more than likely' that he would add Restrepo as a 'litigant.'
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Julian Alonso Restrepo and Olivia Marks' kitchen still shows water damage.
Jonathan Wiggs/Globe Staff
In Restrepo's case, Home Depot upped its usual amount by paying him $1,500, the amount of his deposit. Restrepo's acceptance of Home Depot's cash offer did not interfere with any legal claim he had directly against Darcy, the company said.
Darcy replied to my inquiry by saying he tried to move forward with the project but was hindered by not having approval from the condo building management.
'It is clearly stated in the condo bylaws that in order to renovate, alter or work in the building I am required to get approval from the management company,' Darcy wrote
to me.
Darcy told me that he asked Restrepo for a contact for the management company but didn't get it.
Restrepo provided me with records that show he texted the condo rules and regulations, among other documents, to Darcy on the first day they made contact. On the front page of the rules and regulations are email and phone contact information for the building manager.
It's possible Darcy overlooked that contact information. But Restrepo said Darcy never asked him for it until Aug. 28, two weeks after the deposit was paid, apparently in response to Restrepo's text asking, 'is there anything you need me to do to advance the process?'
In a phone call with Darcy that followed, Restrepo said he provided the contact information. The next morning, Darcy made a one-minute call to the building manager, possibly leaving a voicemail, records Darcy shared with me show.
I don't think Restrepo can be blamed for Darcy's belated attempt to contact the building management, or for his apparent lack of follow-up after his call to the manager on Aug. 29.
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Darcy also told me in an email that he spent 12 to 14 hours on the project before Restrepo 'canceled.'
Between Aug. 7 and Sept. 11, the day that Restrepo complained to Home Depot, Darcy spent a couple of hours on the phone with Restrepo, Restrepo's phone records show. Restrepo says Darcy made two site visits of about an hour each, including once with an electrician.
Darcy also made a five-minute call to the Hull town electrical inspector on Aug. 29, records Darcy shared with me show. And he got a quote on the cost of cabinets on Restrepo's behalf, according to Darcy's letter to Restrepo's attorney. Restrepo says Darcy never shared that quote with him, nor presented him with a design or plan for the kitchen.
The resolution
: The records shared with me show Restrepo quickly sent Darcy the documents he requested, including the condo rules and regulations. The records show that Restrepo repeatedly asked what he could do to help Darcy move the project forward, with little response from Darcy. Restrepo seemed deferential to Darcy — up to a point. After that, he pursued Darcy, pouring countless hours into it.
He said he wants to be an example for other consumers.
I think Darcy should, at a bare minimum, return the deposit (Home Depot's payment notwithstanding). If Restrepo was impatient, I think that's understandable.
Two weeks ago, Restrepo filed an application for a criminal complaint against Darcy but that was denied after a hearing. He is contemplating filing a claim in small claims court.
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The takeaway
: When you hire someone to do a job, make sure both parties are aware of their responsibilities. The best way to do that is in a written contract specifying what tasks will be done by what date and how much the contractor will be paid upon completion of each stage of the project. Make payment contingent on completion of certain stages to incentivize your contractor to stay on schedule.
Many homeowners complain that it takes too long for their contractor to finish their job (contractors are often juggling multiple jobs). Homeowners are in a delicate position: Once work has begun, you don't want to alienate the contractor with complaints, but you also need the work to be complete. A contract will help. But in no event should your contractor stop returning calls after you have paid money.
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ICE raids are leaving some L.A. cats and dogs homeless
Federal immigration agents raided a Home Depot in Barstow last month and arrested a man who had his 3-year-old pit bull, Chuco, with him. A friend managed to grab Chuco from the scene and bring him back to the garage where he lives. The dog's owner was deported to Mexico the next day. The SPAY(CE) Project, which spays and neuters dogs in underserved areas, put out a call on Instagram to help Chuco and an animal rescue group agreed to take him, but then went quiet. Meanwhile, the garage owner took Chuco to an undisclosed shelter. After repeated attempts, SPAY(CE) co-founder Esther Ruurda said her nonprofit gave up on finding the dog or a home for him, since "no one has space for an adult male Pittie these days." So 'the poor dog is left to die in the shelter.' It's not an isolated incident. 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Fearing arrest if they go outside, some people are also forgoing healthcare for their pets, with clinics reporting a surge in no-shows and missed appointments in communities affected by the raids. "Pets are like the collateral damage to the current political climate,' said Jennifer Naitaki, vice president of programs and strategic initiatives at the Michelson Found Animals Foundation. With shelters and rescues stuffed to the gills, an influx of pets is "another impact to an already stressed system," Berke said. Dogs — large ones in particular — can be hard to find homes for, some rescues said. Data show that two county shelters have seen large jumps in dogs being surrendered by their owners. The numbers of dogs relinquished at L.A. County's Palmdale shelter more than doubled in June compared with June of last year, according to data obtained by The Times. At the county's Downey shelter, the count jumped by roughly 50% over the same period. Some of this increase could be because of a loosening of requirements for giving up a pet, said Christopher Valles with L.A. County's animal control department. In April the department eliminated a requirement that people must make an appointment to relinquish a pet. There's no set time limit on when an animal must be adopted to avoid euthanizing, said Valles, adding that behavior or illness can make them a candidate for being put to sleep. And there are resources for people in the deported person's network who are willing to take on the responsibility for their pets, like 2-year-old Mocha, a female chocolate Labrador retriever who was brought in to the county's Baldwin Park shelter in late June and is ready for adoption. "We stand by anybody who's in a difficult position where they can't care for their animal because of deportation," Valles said. Some rescues, however, urge people not to turn to shelters because of overcrowding and high euthanasia rates. Rates for dogs getting put down at L.A. city shelters increased 57% in April compared with the same month the previous year, according to a recent report. L.A. Animal Services, which oversees city shelters, did not respond to requests for comment or data. Every day, Fabienne Origer is bombarded with 10 to 20 calls asking if AGWC Rockin' Rescue in Woodland Hills, which she manages, can take in dogs and cats. She estimates that one to two of those pleas are now related to immigration issues. The rescue, like many others, is full. Part of the reason is that many people adopted pets during the COVID-19 crisis — when they were stuck at home — and dumped them when the world opened back up, she said. Skyrocketing cost of living and veterinary care expenses have also prompted people to get rid of their pet family members, several rescues said. Vet prices have surged by 60% over a decade. L.A. Animal Services reported "critical overcrowding" in May, with more than 900 dogs in its custody. "It's already bad, but now on top of that, a lot of requests are because people have disappeared, because people have been deported, and if we can take a cat or two dogs," Origer said. 'It's just ongoing, every single day.' Animals suffer from the emotional strain of separation and unceremonious change when their owners vanish, experts said. When a mother and three young daughters from Nicaragua who were pursuing asylum in the U.S. were unexpectedly deported in May following a routine hearing, they left behind their beloved senior dog. She was taken in by the mother's stepmom. Not long after, the small dog had to be ushered into surgery to treat a life-threatening mass. The small dog is on the mend physically, but "is clearly depressed, barely functioning and missing her family," the stepmother wrote in a statement provided to the Community Animal Medicine Project (CAMP), which paid for the surgery. She's used to spending all day with the girls and sleeping with them at night, the stepmom said. From Nicaragua, the girls have been asking to get their dog back. For now, they're using FaceTime. Prior to the ICE raids, 80 to 100 people often lined up for services at clinics run by the Latino Alliance for Animal Care Foundation. Now such a line could draw attention, so the Alliance staggers appointments, according to Jose Sandoval, executive director of the Panorama City-based organization that provides education and services to Latino families. "It's hitting our 'hood," Sandoval said, "and we couldn't just sit there and not do anything." Within two hours of offering free services — including vaccines and flea medication refills — to people affected by ICE raids, they received about 15 calls. CAMP, whose staff is almost entirely people of color and Spanish speaking, is mulling reviving telehealth options and partnering to deliver baskets of urgently needed pet goods. It's drilling staffers on what to do if immigration officers show up at the workplace. "Humans aren't leaving their house for themselves, so if their dog has an earache they may hesitate to go out to their vet, but animals will suffer," said Alanna Klein, strategy and engagement officer for CAMP. "We totally understand why they're not doing it, but [pets] are alongside humans in being impacted by this." CAMP has seen a 20%-30% increase in missed appointments since the first week of June, for everything from spay and neuter to wellness exams to surgical procedures. After a video of an ICE raid at a car dealership near CAMP's clinic in Mission Hills circulated in mid-June, they had 20 no-shows — highly unusual. 'We're forced to operate under the extreme pressure and in the midst of this collective trauma,' said Zoey Knittel, executive director of CAMP, 'but we'll continue doing it because we believe healthcare should be accessible to all dogs and cats, regardless of their family, socioeconomic or immigration status.' This story originally appeared in Los Angeles Times.
Los Angeles Times
3 days ago
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ICE raids are leaving some L.A. cats and dogs homeless
Federal immigration agents raided a Home Depot in Barstow last month and arrested a man who had his 3-year-old pit bull, Chuco, with him. A friend managed to grab Chuco from the scene and bring him back to the garage where he lives. The dog's owner was deported to Mexico the next day. The SPAY(CE) Project, which spays and neuters dogs in underserved areas, put out a call on Instagram to help Chuco and an animal rescue group agreed to take him, but then went quiet. Meanwhile, the garage owner took Chuco to an undisclosed shelter. After repeated attempts, SPAY(CE) co-founder Esther Ruurda said her nonprofit gave up on finding the dog or a home for him, since 'no one has space for an adult male Pittie these days.' So 'the poor dog is left to die in the shelter.' It's not an isolated incident. Since federal immigration raids, primarily targeting Latino communities, began roiling Los Angeles in early June, animal rescues and care providers across the county are hearing desperate pleas for help. At least 15 dogs were surrendered at L.A. County animal shelters due to deportations between June 10 and July 4, according to the county's Department of Animal Care and Control. Pets belonging to people who are deported or flee are being left in empty apartments, dumped into the laps of unprepared friends and dropped off at overcrowded shelters, The Times found. 'Unless people do take the initiative [and get the pets out], those animals will starve to death in those backyards or those homes,' said Yvette Berke, outreach manager for Cats at the Studios, a rescue that serves L.A. Yet with many animal refuges operating at capacity, it can be difficult to find temporary homes where pets are not at risk of euthanasia. Fearing arrest if they go outside, some people are also forgoing healthcare for their pets, with clinics reporting a surge in no-shows and missed appointments in communities affected by the raids. 'Pets are like the collateral damage to the current political climate,' said Jennifer Naitaki, vice president of programs and strategic initiatives at the Michelson Found Animals Foundation. With shelters and rescues stuffed to the gills, an influx of pets is 'another impact to an already stressed system,' Berke said. Dogs — large ones in particular — can be hard to find homes for, some rescues said. Data show that two county shelters have seen large jumps in dogs being surrendered by their owners. The numbers of dogs relinquished at L.A. County's Palmdale shelter more than doubled in June compared with June of last year, according to data obtained by The Times. At the county's Downey shelter, the count jumped by roughly 50% over the same period. Some of this increase could be because of a loosening of requirements for giving up a pet, said Christopher Valles with L.A. County's animal control department. In April the department eliminated a requirement that people must make an appointment to relinquish a pet. There's no set time limit on when an animal must be adopted to avoid euthanizing, said Valles, adding that behavior or illness can make them a candidate for being put to sleep. And there are resources for people in the deported person's network who are willing to take on the responsibility for their pets, like 2-year-old Mocha, a female chocolate Labrador retriever who was brought in to the county's Baldwin Park shelter in late June and is ready for adoption. 'We stand by anybody who's in a difficult position where they can't care for their animal because of deportation,' Valles said. Some rescues, however, urge people not to turn to shelters because of overcrowding and high euthanasia rates. 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'It's already bad, but now on top of that, a lot of requests are because people have disappeared, because people have been deported, and if we can take a cat or two dogs,' Origer said. 'It's just ongoing, every single day.' Animals suffer from the emotional strain of separation and unceremonious change when their owners vanish, experts said. When a mother and three young daughters from Nicaragua who were pursuing asylum in the U.S. were unexpectedly deported in May following a routine hearing, they left behind their beloved senior dog. She was taken in by the mother's stepmom. Not long after, the small dog had to be ushered into surgery to treat a life-threatening mass. The small dog is on the mend physically, but 'is clearly depressed, barely functioning and missing her family,' the stepmother wrote in a statement provided to the Community Animal Medicine Project (CAMP), which paid for the surgery. She's used to spending all day with the girls and sleeping with them at night, the stepmom said. From Nicaragua, the girls have been asking to get their dog back. For now, they're using FaceTime. Prior to the ICE raids, 80 to 100 people often lined up for services at clinics run by the Latino Alliance for Animal Care Foundation. Now such a line could draw attention, so the Alliance staggers appointments, according to Jose Sandoval, executive director of the Panorama City-based organization that provides education and services to Latino families. 'It's hitting our 'hood,' Sandoval said, 'and we couldn't just sit there and not do anything.' Within two hours of offering free services — including vaccines and flea medication refills — to people affected by ICE raids, they received about 15 calls. CAMP, whose staff is almost entirely people of color and Spanish speaking, is mulling reviving telehealth options and partnering to deliver baskets of urgently needed pet goods. It's drilling staffers on what to do if immigration officers show up at the workplace. 'Humans aren't leaving their house for themselves, so if their dog has an earache they may hesitate to go out to their vet, but animals will suffer,' said Alanna Klein, strategy and engagement officer for CAMP. 'We totally understand why they're not doing it, but [pets] are alongside humans in being impacted by this.' CAMP has seen a 20%-30% increase in missed appointments since the first week of June, for everything from spay and neuter to wellness exams to surgical procedures. After a video of an ICE raid at a car dealership near CAMP's clinic in Mission Hills circulated in mid-June, they had 20 no-shows — highly unusual. 'We're forced to operate under the extreme pressure and in the midst of this collective trauma,' said Zoey Knittel, executive director of CAMP, 'but we'll continue doing it because we believe healthcare should be accessible to all dogs and cats, regardless of their family, socioeconomic or immigration status.'
CNBC
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Judge orders Trump administration to halt indiscriminate immigration stops, arrests in California
A federal judge on Friday ordered the Trump administration to halt indiscriminate immigration stops and arrests in seven California counties, including Los Angeles. Immigrant advocacy groups filed the lawsuit last week accusing President Donald Trump's administration of systematically targeting brown-skinned people in Southern California during its ongoing immigration crackdown. The plaintiffs include three detained immigrants and two U.S. citizens, one who was held despite showing agents his identification. The filing in U.S. District Court asked a judge to block the administration from using what they call unconstitutional tactics in immigration raids. Immigrant advocates accuse immigration officials of detaining someone based on their race, carrying out warrantless arrests, and denying detainees access to legal counsel at a holding facility in downtown LA. Tricia McLaughlin, assistant secretary of the U.S. Department of Homeland Security, said in an email that "any claims that individuals have been 'targeted' by law enforcement because of their skin color are disgusting and categorically FALSE." McLaughlin said "enforcement operations are highly targeted, and officers do their due diligence" before making arrests. Judge Maame E. Frimpong also issued a separate order barring the federal government from restricting attorney access at a Los Angeles immigration detention facility. Frimpong issued the emergency orders, which are a temporary measure while the lawsuit proceeds, the day after a hearing during which advocacy groups argued that the government was violating the Fourth and Fifth amendments of the constitution. She wrote in the order there was a "mountain of evidence" presented in the case that the federal government was committing the violations they were being accused of. Immigrants and Latino communities across Southern California have been on edge for weeks since the Trump administration stepped up arrests at car washes, Home Depot parking lots, immigration courts and a range of businesses. Tens of thousands of people have participated in rallies in the region over the raids and the subsequent deployment of the National Guard and Marines. The order also applies to Ventura County, where busloads of workers were detained Thursday while the court hearing was underway after federal agents descended on a cannabis farm, leading to clashes with protesters and multiple injuries. According to the American Civil Liberties Union, the recent wave of immigration enforcement has been driven by an "arbitrary arrest quota" and based on "broad stereotypes based on race or ethnicity." When detaining the three day laborers who are plaintiffs in the lawsuit, all immigration agents knew about them is that they were Latino and were dressed in construction work clothes, the filing in the lawsuit said. It goes on to describe raids at swap meets and Home Depots where witnesses say federal agents grabbed anyone who "looked Hispanic." ACLU attorney Mohammad Tajsar said Brian Gavidia, one of the U.S. citizens who was detained, was "physically assaulted ... for no other reason than he was Latino and working at a tow yard in a predominantly Latin American neighborhood." Tajsar asked why immigration agents detained everyone at a car wash except two white workers, according to a declaration by a car wash worker, if race wasn't involved. Representing the government, attorney Sean Skedzielewski said there was no evidence that federal immigration agents considered race in their arrests, and that they only considered appearance as part of the "totality of the circumstances" including prior surveillance and interactions with people in the field. In some cases, they also operated off "targeted, individualized packages," he said. "The Department of Homeland Security has policy and training to ensure compliance with the Fourth Amendment," Skedzielewski said. Lawyers from Immigrant Defenders Law Center and other groups say they also have been denied access to a U.S. Immigration and Customs Enforcement facility in downtown LA known as "B-18" on several occasions since June, according to court documents. Lawyer Mark Rosenbaum said in one incident on June 7 attorneys "attempted to shout out basic rights" at a bus of people detained by immigration agents in downtown LA when the government drivers honked their horns to drown them out and chemical munitions akin to tear gas were deployed. Skedzielewski said access was only restricted to "protect the employees and the detainees" during violent protests and it has since been restored. Rosenbaum said lawyers were denied access even on days without any demonstrations nearby, and that the people detained are also not given sufficient access to phones or informed that lawyers were available to them. He said the facility lacks adequate food and beds, which he called "coercive" to getting people to sign papers to agree to leave the country before consulting an attorney. Friday's order will prevent the government from solely using apparent race or ethnicity, speaking Spanish or English with an accent, presence at a location such as a tow yard or car wash, or someone's occupation as the basis for reasonable suspicion to stop someone. It will also require officials to open B-18 to visitation by attorneys seven days a week and provide detainees access to confidential phone calls with attorneys. Attorneys general for 18 Democratic states also filed briefs in support of the orders. U.S. Customs and Border Protection agents were already barred from making warrantless arrests in a large swath of eastern California after a federal judge issued a preliminary injunction in April.
