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Community Justice Division

Consumer and Environmental Protection Unit (CEPU)

CEPU prosecutes violations of law that arise from consumer transactions or actions that damage the environment. Most cases handled by the Unit come from enforcement agencies. For a list of agencies that investigate consumer complaints, please contact the City Attorney's Office or consult the reference sheet (PDF). However, CEPU also investigates complaints of false or misleading advertising. To make a complaint, please call our hotline at (619) 533-5600 between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday.

Highlights of cases brought by the Unit in 2011

• People v. Target Corp., was a civil case brought by several prosecutors' offices including the City Attorney. The Complaint alleged the owner of retail stores improperly disposed of household hazardous wastes. The company paid penalties and costs totaling $22,500,000, and stores must implement a procedure to properly dispose of these wastes.
  
  
• People v. Aryubi et. al. dba Gamma Towing, was a criminal case against the owner and drivers of a tow company that towed vehicles from lots staffed by its spotter, failed to wait an hour before towing, improperly completed paperwork, and failed to drop a vehicle when required by law. The defendants pleaded guilty and paid restitution of $6,862 to people whose cars had been illegally towed. They were also required to perform substantial public work service as a condition of their probation.
  
  
• People v. 5 Star Parking San Diego, was a civil case alleging the owner of parking lots threatened to tow vehicles if customers failed to pay for parking, when it had no authority to do so. The company paid $74,000 in penalties and costs.
  
  
• People v. Fastenal Co., was a civil case alleging the owner of stores selling various fasteners charged a higher price at the time of checkout than the posted or advertised price. The case addressed violations throughout the State of California. The company paid $173,000 in costs and penalties.
  
  
• People v. Hamzavibedi and Arjona dba Fair Lender Audits; People v. Khatib dba Best Mortgage Solutions; People v. Dixon dba Nations Mortgage Solutions and Coastal Mortgage; and People v. Rosas dba 4R Real Estate Investments, were criminal cases in which the owners of loan modification companies pleaded guilty to crimes arising from their businesses. All defendants demanded advance fees for their services and the law prohibits these companies from doing so. Upon their convictions, the defendants were put on probation and ordered to pay restitution totaling $24,950 to victims.
  
  
• People v. City Boxing was a civil case against the owner of a health club that represented to military members that it would not charge them monthly fees when they were deployed. The Complaint alleged the company continued to make unauthorized withdrawals from the accounts of deployed military members and failed to correctly state the right to rescind in its contracts. The company paid restitution of $2,089 and penalties and costs of $7,911.
  
  
• People v. Christian Philippe dba Puppy Dogs Pet Shop was a criminal case against the owner of a pet store who did not comply with state laws regarding the proper care of animals. The owner pleaded guilty and was placed on probation. He paid a fine of $600.
  
  
• People v. Bahriz dba Brooklyn Pizza, and People v. Tamimi dba International Market were criminal cases that alleged the owners of a restaurant and a store allowed their businesses to become vermin infested, resulting in the sale of adulterated food. The owners pleaded guilty and paid fines and costs. They were closed by the San Diego County Dept. of Environmental Health and were permitted to re-open only after their businesses were cleaned up and food was properly stored and handled.
  
  

Highlights of cases brought by the Unit in 2010

• People v. Petco Animal Supplies, Inc., was a civil case brought by several prosecutors� offices including the City Attorney. The Complaint alleged the owner of pet stores charged customers more at the time of checkout than the currently advertised prices. The company paid penalties and costs totaling $1,750,000, and stores must give customers an item for free if they are overcharged, or, if the item price exceeds $3.00, they must subtract $3.00 from the lowest price.
  
  
• People v. Berry and Nihart was a criminal case in which the two owners of Save Big Liquidators, Inc. pleaded guilty to falsely advertising sales at their stores as though they were going out of business. Falsely Advertising "Closing Doors Forever" Costs Store Owners $25,500 in Criminal Fines" (PDF)
  
  
• People v. Wing Man Choy was a criminal case against the owner of Kirin Sushi, a restaurant that was located at 4111 Voltaire Street in the Ocean Beach neighborhood of San Diego. Ms. Choy was ordered by the County Dept. of Environmental Health to close her business for sanitation violations. Ms. Choy pleaded guilty to the crime of holding food for sale under conditions that could cause it to become adulterated.
  
  
• People v. Willey and Torres was a criminal case filed against Michael Willey and Eric Torres who did business as California Tax Reassessment. They sent mailers to homeowners that appeared to be from the San Diego County Assessor's Office, falsely stating that the homeowner had a payment due of $186 to complete a property tax reassessment and that a late fee would be charged if payment was not received by a specific date. They were ordered to pay $12,500 each in fines and to pay restitution to homeowners who sent them money. They are on probation.
  
  
• People v. Zizan Shaba was a criminal case against the owner of Millenium Towing for towing vehicles within one hour of their being parked and failing to maintain records of vehicles towed from private property as required by law. Shaba was ordered to pay $935 restitution to three people who had their cars towed unlawfully and to pay a fine of $2000. He is on probation.
  
  
• People v. Prijoles was a criminal case filed against Lauro Cornejo Prijoles and Cristina Gutierrez Prijoles as owners and operators of Cristy's Bakery & Restaurant. The Prijoles were sentenced for food safety violations found at the restaurant including 2 counts each of failing to maintain potentially hazardous food at required temperatures. They were each ordered to pay a $1750 fine, serve three years probation, and not to own, manage, operate or supervise food employees at any restaurant. "Restaurant Owners Sentenced For Food Safety Violations" (PDF)
  

Highlights of cases brought by the Unit in 2009

• People v. drugstore.com, Inc., distributed diet patches under the names "Slim Form Patch Weight Loss Patch" and "DynaSlim Topical Weight Loss Patch." The company sold these drugs without first obtaining approval from the State to do so and the products were misbranded. In this civil case, the company was ordered to pay $50,000 restitution to consumers and $35,165 costs and penalties and was ordered not to violate these laws in the future.
  
  
• People v. UltraLife Fitness, Inc., distributed dietary supplements under the names "TruGenix Hoodia," "Ultralife PM," "Pure Health Laboratories Hoodia," "Pure Health Laboratories Green Tea and Hoodia," and "UltraBurn PM, which were falsely advertised and were unapproved drugs. The false advertisements included unsubstantiated claims about Hoodia. In this civil case, the company was ordered to pay $5454 costs and penalties and was ordered not to falsely advertise in the future.
  
  
• People v. National Steel & Shipbuilding Company (NASSCO), spilled petroleum in the San Diego Harbor, a violation of California's environmental protection laws. In this civil case, the company was ordered to pay $18,000 in penalties and costs and was ordered not to have similar violations in the future.
  
  
• People v. George Stolow was a criminal case alleging Mr. Stolow was an unlicensed mortgage foreclosure consultant. He pleaded guilty to the charge and was sentenced to pay restitution of $1250 and fines of $600.
  
  
• People v. Binh Chau was a criminal case filed after Mr. Chau was apprehended for the third time with undersize lobsters. He pleaded guilty and was sentenced to serve 90 days in jail. "Lobster Poacher Sentenced to Jail (Chau)" (PDF)
  
  
• People v. Jason Chavez was a criminal case filed against Mr. Chavez after he was apprehended with 46 undersized lobsters during the season when it is illegal to take lobsters. He pleaded guilty and was sentenced to serve 120 days custody. "Lobster Poacher Sentenced to Jail (Chavez)" (PDF)
  
  
• People v. Agustin Chavez was a criminal case alleging Mr. Chavez operated an unregistered appliance repair business. He pleaded guilty and was ordered to pay $275 restitution to his three victims, to do public work service for 5 days and to pay a fine of $860.