Suit alleging financial elder abuse filed against Smart Solar Energy, others

By Noddy A. Fernandez | Feb 8, 2019

OROVILLE – An Oroville senior citizen alleges an agreement for a solar system for his house was fraudulently obtained.

Joseph Hoover filed a complaint on Jan. 25 in the Butte Superior Court against Smart Solar Energy Inc., Alternative Energy Systems Inc., Cesar Martinez, Capital Community Bank and Does 1 through 20 alleging fraud, rescission and financial elder abuse.

According to the complaint, in May 2017, Martinez, acting as a sales director for Sun Power, solicited plaintiff for the sale of a solar system. He alleges the same month, Martinez contacted him again to review contracts for the installation, and the plaintiff responded that he was ill and for Martinez to send him the contract so he could review it.

The plaintiff alleges Martinez had the plaintiff's cognitively disabled adult daughter review electronic images of documents and applied digital signatures for herself and the plaintiff without his consent.

The plaintiff alleges Smart Solar showed up at his property to erect the solar system without his consent. He alleges he has informed the defendants that he does not want the solar system.

The plaintiff holds the defendants responsible because the defendants allegedly are guilty of financial elder abuse because they allegedly have deprived the plaintiff of the quiet enjoyment of his property by placing and financing a solar system per an agreement obtained fraudulently.

The plaintiff requests a trial by jury and seeks judgment for compensatory damages in the amount of more than $25,000, costs, attorney fees and punitive damages. He is represented by David R. Griffith of Griffith & Horn LLP in Chico.

Butte Superior Court Case number 19CV00289

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Butte Superior Court Griffith & Horn, LLP

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