Patricia Capra, an 80-year-old resident of Bakersfield, California, has filed a lawsuit against two financial entities alleging fraudulent practices in home improvement financing. The complaint was lodged on October 4, 2024, in the Superior Court of California for the County of San Francisco by her attorneys from Kemnitzer, Barron & Krieg, LLP. The defendants named in the case are Upgrade, Inc., Cross River Bank, and associated parties.
The lawsuit accuses these entities of orchestrating a deceitful scheme that preyed on Ms. Capra's vulnerability as an elderly homeowner. According to the filing, representatives from a contractor named Build For You Remodeling Corp allegedly misrepresented terms of a home improvement project and fraudulently secured loans in Ms. Capra's name without her consent. The plaintiff claims she was charged over $70,000 for pest remediation and roof repairs through unauthorized loans with exorbitant terms that she never agreed to or signed for.
Ms. Capra's son, Brian Capra, acting as her power of attorney for litigation purposes since September 2024, discovered numerous discrepancies in the documentation provided by Build For You. These included multiple contracts dated the same day with different costs and an unsigned loan agreement purportedly executed electronically using an email address unfamiliar to Ms. Capra or her family.
The complaint outlines several legal violations including breaches of the Consumer Credit Reporting Agencies Act (CCRAA), Elder Abuse And Dependent Adult Civil Protection Act (Elder Abuse Act), Rosenthal Fair Debt Collection Practices Act (Rosenthal Act), Home Solicitation Sales Act (HSSA), and Unfair Competition Law (UCL). It alleges that these practices were not only fraudulent but also abusive towards Ms. Capra due to her age and fixed income status.
In seeking justice, Patricia Capra is requesting restitution along with actual, statutory, civil, punitive damages and treble damages for the harm suffered. She also demands declaratory relief voiding any alleged contracts between herself and the defendants while asserting ownership over any work performed on her property without obligation to pay.
Representing Patricia Capra are attorneys Malachi J. Haswell, Kristin Kemnitzer, and Adam J. McNeile from Kemnitzer Barron & Krieg LLP. The case is presided over by Judge Austin Lam under Case ID CGC-24-618734.