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CHRISTOPHER S. PORRINO
ATTORNEY GENERAL OF NEW JERSEY
Division of Law
124 Halsey Street - 5`h Floor
P.O. Box 45029
Newazk, New Jersey 07101
Attorney for the Plaintiffs
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By:

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Labinot A. Berlajolli (034612011)
Deputy Attorney General
(973)648-3469
SUPERIOR COURT ~F NEW JERSEY
CHANCERY DIVISION, MERCER COUNTY
DOCKET NO. MER-C-23-16

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'J224 005-1 6
CHRISTOPHER S. PORRINO, Attorney General of the
State of New Jersey, STEVE C. LEE, Director of the
New Jersey Division of Consumer Affairs,

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Civil Action

Plaintiffs,
v.
C.L.J. HOME IMPROVEMENTS INC.; BASEMENTS
4 LESS INC. alk/a NJ BASEMENT CONTRACTORS;
CHOICE HOME IMPROVEMENTS LLC; CHARLES
JOHNSTON,JR. a/k/a CHARLES L. JOHNSTON alk/a
CHARLES J~HNSTON, JR., individually and as
owner, officer, director, manager, employee,
representative and/or agent of C.L.J. HOME
IMPROVEMENTS INC., BASEMENTS 4 LESS 1NC.
alk/a NJ BASEMENT CONTRACTORS, and CHOICE
HOME IMPROVEMENTS LLC; JANE .AND JOHN
DOES 1-20, individually and as owners, officers,
directors, shareholders, founders, members, managers,
employees, servants, agents, representatives and/or
independent
HOME
of
contractors
C.L.J.
IMPROVEMENTS INC., BASEMENTS 4 LESS 1NC.
alkla NJ BASEMENT CONTRACTORS, and/or
CHOICE HOME IMPROVEMENTS LLC; and XYZ
CORPORATIONS 1-20,
Defendants.

FINAL ORDER ON DEFAULT AS
TO DEFENDANTS C.L.J. HOME
IMPROVEMENTS INC,
BASEMENTS 4 LESS INC,
CHOICE HOME
IMPROVEMENTS LLC AND
CHARLES L.JOHNSTON

 S MATTER was opened to the Court on the application of plaintiffs,Christopher S.
Porrino, Attorney General of the State of New Jersey {"Attorney General"}, and Steve C. Lee,
Director of the New Jersey Division of Consumer Affairs {"Director") (collectively,
"Pla.intiffs")1, (by Labinot A. Berlajolli, Deputy Attorney General, appearing}, by way of a
Complaint filed on May 3, 2016, alleging that C.L.J. Home Improvements, Inc. ("C.L.J. Home
Improvements"); Basements 4 Less Inc., a/k/a NJ Basement Contractors,("Basements 4 Less");
Choice Home Improvements, LLC, ("Choice Home Improvements") as well as Charles L.
Johnston, Jr., a/k/a Charles L. Johnston, a/k/a Charles Johnston, Jr., individually ("Johnston")
(collectively, "Defendants"), have, directly or thxough others, engaged in conduct in violation of
the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et sec . ("CFA"), the Contractors'
w,_, the Regulations Governing Contractor Registration,
Registration Act, N.J.S.A. 56:8-136 et se
w,_ ("Contractor Registration Regulation"), Regulations Governing
N.J.A.C. 13:45A-17.1 et se
Home Improvement .Practices, N.J.A.C.

13:45A-16.1

et se

("Home Improvement

Regulations"). C.L.J. Home Improvements, Basements 4 Less., Choice Home Improvements and
Johnston failed to file Answers.
On June 28, 2016, the Court entered default against C.L.J. Home Improvements,
Basements 4 Less, Choice Home Improvements and Johnston, pursuant to R. 4:43-1.
Defendants have not moved to vacate the defaults entered against them.
THIS COURT NOW FINDS THAT:
A.

The Court has jurisdiction over the subject matter of this action and over the named

Defendants.

1 This action was commenced on behalf of Robert Lougy, former Acting Attorney General. In accordance with R.
4:34-4, the caption has been revised to reflect the current Attorney General.

2

 used upon the evidence submitted by Plaintiffs, including the Certification of Investigaa Creggett with accompanying exhibits-, and the Certification of Deputy Attorney General Labinot A. Berlajolli with accompanying e~iibits, the Defaulting Defendants have engaged
in conduct which comprises one thousand forty-six (1046) violations of the CFA, the Contractors' Registration Act, the Contractor Registration Regulations, and the Home Improvement
Regulations, with the following breakdown: (a) Unconscionable Commercial Practices (N.J.S.A.
56:8-2) —four hundred thirty-six (436) violations total (C.L.J. Home Improvements, forty (40),
Basements 4 Less, three hundred eighty-four (384), and Choice Home Improvements, twelve
(12); (b) Misrepresentations (N.J.S.A. 56:8-2) —eighty-nine (89) violations (C.L.J. Home Improvements, seven (7), Basements 4 Less, eighty (80), and Choice Home Improvements, two (2);
(c) Knowing Omissions of Material Facts (N 7'S.A• 56:8-2) —one hundred two (102) violations
(C.L.J. Home Improvements, eleven (11), Basements 4 Less, eighty-nine (89), and Choice Home
Improvements, two (2); (d) Contractors' Registration tact (N.J.S.A. 56:8-136 et se .) —one hundred twenty-six (126) violations (C.L.J. Home Improvements, fourteen (14), Basements 4 Less,
one hundred two (110), and Choice Home Improvements, two (2); (e) Contractor Registration
Regulations (N.J.A.C. 13:45A-17.2 et sec .) —sixty-two (62) violations {C.L.J. Home Improvements, seven (7), Basements 4 Less, fifty-four (54), and Choice Home Improvements, one (1);
and (fl Home Improvement Regulations (N.J.A.C. 13:45A-16.1 et sec .) -- two hundred thirtyone (231) violations (C.L.J. Home Improvements, twenty-five (25), Basements 4 Less, two hundred one (201), and Choice Home Improvements, five (5).
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THEREFORE,IT IS on this
1.

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day of OCTOBER,2016:

ORDERED that the acts and omissions of Defendants constitute unconscionable

commercial practices deception, false promises, misrepresentations and /or knowing omissions
in violation of the CFA, N.J.S.A. 56:8-1 et sec ., as well as violations of.the Contractors'
Registration Act, N.J.S.A. 56:8-136 et seg^, the Contractor Registration Regulations, N.J.A.C.
13:45A-17.1 et se ., and the Home Improvement Regulations, N.J.A.C. 13:4SA-16.1 et sec.
2.

YT IS FURTHER ORDERED that the Defendants and their owners, officers,

directors, shareholders, founders, members, managers, agents, servants, employees,
representatives, independent contractors and all other persons or entities directly undex their
control, are permanently enjoined from engaging in, continuing to engage in, or doing any acts oz
practices in violation of the CFA, N.J.S.A. 56:8-1 et sec ., as well as in violation of the
___~c ., the Contractor Registration Regulations,
Contractors' Registration Act, N.J,S.A. 56;8-136 et se
N.J.A.C. 13:45A-17.1 et seg_, and the Home Improvement Regulations, N.J.A.C. 13;45A-16.1 et
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3. IT I5 FURTHER ORDERED that, pursuant to the CFA, N.J.S.A. 56:8-8, the
Defendants are permanently enjoined from owning, operating or otherwise managing any
business or other entity in the State, whether registered with the Division or not, that advertises,
offers for sale, sells and/or performs HIC Services within the State;
4.

IT IS FURTHER ORDERED that, pursuant to the CFA, N.J.S.A. 56:8-8,~ the

Defendants are permanently enjoined from the advertisement, ~ offer for sale, sale and
performance of HIC Services within the State;

D

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IT IS FURTHER ORDERED that the corporate charters of C.L.J. Home

Improvements and Basements ~4 Less in the State of New Jersey are permanently vacated ancUor
annulled, and the corporate charter of Choice Home Improvements is cancelled as authorized by
the CFA, N.J.S.A. 56:8-8.
6.

IT IS FURTHER ORDERED that, pursuant to the CFA, N.J.S.A. 56:8-8 the

Defendants shall pay to Plaintiffs consumer restitution in the total amount of $449,329.69 as
follows: C.L.J. Home Improvements - $37,302.50; Basements 4 Less - $407,102.19; and Choice
Home Improvements- $4,925.00. The funds paid by Defendants pursuant to this section of the
Final Judgment by Default and Order ("Judgment and Order") shall be used for equitable relief
including, but not limited to, consumer redress and any attendant expenses for the administration
of any redress fund. ~If Plaintiffs determine, in their sole discretion, that redress to consumers is
wholly or partially impracticable, any funds not so used shall be retained by the Division of
Consumer Affairs in lieu of redress. Defendants shall have no right to contest the manner of
distribution chosen by Plaintiffs. Plaintiffs in their sole discretion may use a designated agent to
administer consumer redress.
7.

YT IS FURTHER ORDERED that, pursuant to the CFA, N.J.S.A. 56:8-13, De-

fendants, shall pay to the Division civil penalties in the total amount of $10,460,000.00 as follows: $1,040,000.00 as to C.L.J Home Improvements; $9,180,000.00 as to basements 4 Less;
and $240,000.000 as to Choice Home Improvements, and $10,460,000.00 as to Johnston.
8.

IT YS FURTHER ORDERED that, pwrsuant to the CFA, N.J~S.A. 56:8-19,

Defaulting Defendants, jointly and severally, shall reimbwrse Plaintiffs for all attorneys' fees
incurred in the prosecution ofthis action, in the total amount of $37,868.50
9.

IT IS FURTHER ORDERED that, ptusuant to the. CFA, N.J.S.A. 56:8-11,

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~~lau~«~~~ Defendants, jointly and severally, shall reimburse Plaintiffs for their investiga
costs, in the total amount of $23,223.80.
10.

YT IS FURTHER ORDERED that nothing contained in this Judgment and

persons
Order, including the Court's determinations herein, sha11 bind or affect the rights of any
not a party hereto, or preclude actions against any unnamed parties.
11.

IT IS FURTHER ORDERED that nothing contained in this Judgment and Order

shall bind or affect any position which any party may take in future or unrelated actions.
12.

YT IS FURTHER ORDERED that this Judgment and Order may be enforced

only by Plaintiffs or Defendants oz their successors hereto.
13.

YT YS FURTHER ORDERED that this Court retains jurisdiction fox the purpose

and
of enabling Plaintiffs or Defendants to apply to this Court for any such further orders
with, this
directions as may be necessary and appropriate fox the enforcement of, or compliance
Judgment and Order.

N(~N PATTT. TNNR~_ P_J_C:~T.

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In ac ordance with the required statement of R. 1:6-2(a), this motion was
unopposed.
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opposed