SUPERIOR COURT OF CALIFORNIA
COUNTY OF CONTRA COSTA

MARTINEZ

THE PEOPLE OF THE STATE OF CALIFORNIA, NO. 171050-8

DA NO. 14 000325?1
VS. 2ND AMENDED COMPLAINT 
FELONY
ADAN C. RIVAS 01) PC 484b
AKA JUAN RANGEL, 02) LC 3700.5

O3) 

04) PC 484b

05) LC 3700.5

06) 
07) PC 484b

08) LC 3700.5

09) 
10) PC 484b

11) LC 3700.5

12) 
13) PC 484b

14) LC 3700.5

15) 
16) 
17) LC 3700.5

18) 
19) PC 484b

20) LC 3700.5

21) 7159 
22) PC 484b

23) LC 3700.5

24) 7159 
25) PC 484b

26) LC 3700.5

27) 
28) PC 484b

29) LC 3700.5

30) 
31) PC 484b

32) 7028

33) 7159(a)

34) LC 3700.5

 

The undersigned states, on information and belief, that

ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about March 3, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of One Thousand

33:3 Sig IE: SEE 2:3 1:3

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8

PAGE 2 DA NO. 14 000325?1

 

Two Hundred dollars from David Assell for the purpose of
obtaining or paying for services, labor, materials, and equipment,
did willfully and unlawfully fail to apply the money for the intended
purpose by willfully failing to complete the improvements and
willfully failing to pay for services, labor, materials and equipment
provided incident to the construction, and did wrongfully and
unlawfully divert funds to a use other than that for which the funds
were received.

.COUNT TWO:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about March 3, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT THREE:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about March 3, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050?8

PAGE 3 DA NO. 14 000325?1

 

COUNT FOUR:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about April 21, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of One Thousand
Four Hundred dollars from David Keyes for the purpose of
obtaining or paying for services, labor, materials, and equipment,
did willfully and unlawfully fail to apply the money for the intended
purpose by willfully failing to complete the improvements and
willfully failing to pay for services, labor, materials and equipment
provided incident to the construction, and did wrongfully and
unlawfully divert funds to a use other than that for which the funds
were received.

COUNT FIVE:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about April 13, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT SIX:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about April 21, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8
PAGE 4 DA NO. 14 000325-1

 

COUNT SEVEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
PENAL CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about April 24, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of Seven Hundred
dollars ($700.00) from Bradley Crooker for the purpose of obtaining
or paying for services, labor, materials, and equipment, did
willfully and unlawfully fail to apply the money for the intended
purpose by willfully failing to complete the improvements and
willfully failing to pay for services, labor, materials and equipment
provided incident to the construction, and did wrongfully and
unlawfully divert funds to a use other than that for which the funds
were received.

COUNT EIGHT:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about April 24, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT NINE:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about April 24, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050~8
PAGE 5 DA NO. 14 000325-1

 

COUNT TEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
PENAL CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about March 25, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of Six Hundred
dollars ($600.00) from Robn Clay for the purpose of obtaining or
paying for services, labor, materials, and equipment, did willfully
and unlawfully fail to apply the money for the intended purpose by
willfully failing to complete the improvements and willfully failing
to pay for services, labor, materials and equipment provided incident
to the construction, and did wrongfully and unlawfully divert funds
to a use other than that for which the funds were received.

COUNT ELEVEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about March 25, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT TWELVE:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS 5. PROFESSIONS CODE SECTION 7159.5(a) (3) (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about March 25, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8

PAGE 6 DA NO. 14 000325-1

 

COUNT THIRTEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about April 29, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of Three Thousand
dollars from Omega Collins and Thomas Collins for the
purpose of obtaining or paying for services, labor, materials, and
equipment, did willfully and unlawfully fail to apply the money for
the intended purpose by willfully failing to complete the 
improvements and willfully failing to pay for services, labor,
materials and equipment provided incident to the construction, and
did wrongfully and unlawfully divert funds to a use other than that
for which the funds were received.

COUNT FOURTEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about April 26, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT FIFTEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as_follows:

On or about April 26, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or.ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8

PAGE 7 DA NO. 14 000325?1

 

COUNT SIXTEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about April 29, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

COUNT SEVENTEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about July 25, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT EIGHTEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about July 25, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price_exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050?8

PAGE 8 DA NO. 14 000325-1

 

COUNT NINETEEN:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about May 3, 2014, in Contra Costa County, the Defendant,

ADAN C. RIVAS, who had received money in the amount of One Thousand
Five Hundred Dollars dollars from Christopher Stephan for
the purpose of obtaining or paying for services, labor, materials,
and equipment, did willfully and unlawfully fail to apply the money
for the intended purpose by willfully failing to complete the
improvements and willfully failing to pay for services, labor,
materials and equipment provided incident to the construction, and
did wrongfully and unlawfully_divert funds to a use other than that
for which the funds were received.

COUNT TWENTY:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about May 3, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker?s compensation
insurance as required by law.

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about May 3, 2014, in Contra Costa County, the Defendant,

ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8

PAGE 9 DA NO. 14 000325-1

 

COUNT TWENTY-TWO:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about January 10, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of Ten Thousand
dollars from Alice McDaniel for the purpose of obtaining
or paying for services, labor, materials, and equipment, did
willfully and unlawfully fail to apply the money for the intended
purpose by willfully failing to complete the improvements and
willfully failing to pay for services, labor, materials and equipment
provided incident to the construction, and did wrongfully and
unlawfully divert funds to a use other than that for which the funds
were received.

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about January 10, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT TWENTY-FOUR:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about January 6, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050?8

PAGE 10 DA NO. 14 000325?1

 

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about December 28, 2013, in Contra Costa County, the Defendant,
ADAN C. RIVAS, who had received money in the amount of Fifteen
Thousand Twenty Five dollars from Jay Ward for the
purpose of obtaining or paying for services, labor, materials, and
equipment, did willfully and unlawfully fail to apply the money for
the intended purpose by willfully failing to complete the
improvements and willfully failing to pay for services, labor,
materials and equipment provided incident to the construction, and
did wrongfully and unlawfully divert funds to a use other than that
for which the funds were received.

COUNT TWENTY-SIX:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about December 28, 2013, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully fail to secure worker's compensation
insurance as required by law.

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about December 28, 2013, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8

PAGE ll DA NO. 14 000325-1

 

COUNT TWENTY-EIGHT:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about February 4, 2014_through March 14, 2014, in Contra Costa
County, the Defendant, ADAN C. RIVAS, who had received money in the
amount of Two Thousand Seven Hundred Six dollars from
Ronald J. Mayo for the purpose of obtaining or paying for serviCes,
labor, materials, and equipment,-did willfully and unlawfully fail to
apply the money for the intended purpose by willfully failing to
complete the improvements and willfully failing to pay for services,
labor, materials and equipment provided incident to the construction,
and did wrongfully and unlawfully divert funds to a use other than
that for which the funds were received.

COUNT TWENTY-NINE:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about February 4, 2014 through March 14, 2014, in Contra Costa
County, the Defendant, ADAN C. RIVAS, did unlawfully fail to secure
worker's compensation insurance as required by law.

COUNT THIRTY:

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION (UNLAWFUL 
IMPROVEMENT CONTRACT), committed as follows:

On or about February 4, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00) and
the contract called for a down payment in excess of one thousand
dollars or ten percent of the contract price.

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050?8

PAGE 12 DA NO. 14 000325?1

 

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a felony, a violation of PENAL
CODE SECTION 484b (DIVERTING CONSTRUCTION FUNDS), committed as
follows:

On or about December 20, 2014 through February 12, 2015, in Contra
Costa County, the Defendant, ADAN C. RIVAS, who had reCeived money in
the amount ot Nine Thousand Eight Hundred Twenty Five dollars
from Andrea Berlin for the purpose of obtaining or paying
for services, labor, materials, and equipment, did willfully and
unlawfully fail to apply the money for the intended purpose by
willfully failing to complete the improvements and willfully failing
to pay for services, labor, materials and equipment provided incident
to the construction, and did wrongfully and unlawfully divert funds
to a use other than that for which the funds were received.

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION 7028 (CONTRACTING WITHOUT
LICENSE), committed as follows:

On or about December 20, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully engage in the business of, and act in,
-the capacity of a contractor, without then and there having a license
obtained from the Contractor's State License Board of the State of
California.

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
BUSINESS PROFESSIONS CODE SECTION 7159(a) (UNLAWFUL HOME
IMPROVEMENT CONTRACT), committed as follows:

On or about December 20, 2014, in Contra Costa County, the Defendant,
ADAN C. RIVAS, did unlawfully enter into a home improvement contract
where the contract price exceeded five hundred dollars ($500.00)
without said contract (showing the name, address and license nunber
of the contractor) (and) (showing the name and registration number of
the salesman who solicited or negotiated the contract).

2ND AMENDED
PEOPLE V. ADAN C. RIVAS NO. 171050-8
PAGE 13 DA NO. 14 000325-1

 

COUNT 

The undersigned further states, on information and belief, that
ADAN C. RIVAS, Defendant, did commit a misdemeanor, a violation of
LABOR CODE SECTION 3700.5 (FAILURE TO SECURE COMPENSATION
INSURANCE), committed as follows:

On or about December 20, 2014 through December 31, 2014, in Contra
Costa County, the Defendant, ADAN C. RIVAS, did unlawfully fail to
secure worker's compensation insurance as required by law.

COMPLAINANT REQUESTS THAT BE DEALT WITH ACCORDING To LAW.
I DECLARE UNDER PENALTY 0F PERJURY THAT THE FOREGOING IS TRUE AND

CORRECT. 
DATED: February 13, 2015 AT MARTINEZ, CALIFORNIA

Vim/f,

WI J. 
DE DISTRICT ATTO