Our client faced felony charges of Penal Code §532(a) (False Pretenses) and Business & Professions Code §7028(a) (Contracting Without a License) with the District Attorney seeking $140,000 in restitution. The case arose from a home construction project during the COVID-19 pandemic where the alleged victim claimed our client was the general contractor and had defrauded her. After an aggressive defense investigation and a thorough cross-examination of the alleged victim at the preliminary hearing, the prosecution dismissed the case in its entirety.

The project involved a residential remodel that was substantially completed during the height of the COVID-19 restrictions. Our client was a subcontractor on the job and worked under a licensed contractor. The homeowner portrayed him as the general contractor because she knew he had financial resources and wanted to maximize her recovery. She filed a civil lawsuit against him while pressuring the District Attorney to file felony charges.

We investigated the case thoroughly and uncovered that the alleged victim’s hands were not clean. Our investigation showed that this was a standard construction project, that substantial work had been completed, and that the delays were due to COVID-related material shortages and her own changes to the project. At the preliminary hearing, our cross-examination of the alleged victim exposed the truth. She was caught lying and submitting doctored invoices to inflate her claimed losses. Her credibility collapsed in front of the court.

Before the preliminary hearing even concluded, the judge suggested that the District Attorney should dismiss the case. Recognizing the weaknesses in the evidence and the credibility issues with the alleged victim, the DA dismissed all charges. Our client walked away fully cleared, with no conviction, no restitution, and his record intact.