On August 27, 2004 I Mark Penberthy went down to Honda of Orem to take delivery of the 2002 Cadillac Escalade, which I had just purchased. As part of the purchase agreement, the car was to be detailed and an amplifier installed. I arrived at Honda around 4 p.m. and Joe Gibbins said that my vehicle was at Boyer's Auto Mall and was ready to be picked up. He asked me if it would be okay if a lot attendant dropped me off at Boyer's and I picked it up myself. I agreed. When I arrived to pick up my vehicle, I found that the Escalade was dirty and had trash inside it; my car had not been detailed. So, I went back to Honda to talk to Joe about the detail. He said they hadn't had time to detail it yet and I could either leave the car over the weekend, or I could bring it back on Monday to have it detailed. Because Joe was running Honda by himself that night, I decided that I would take my car home for the weekend. One reason was so I could enjoy my new car and the second was because I had an appointment at Harmon's Cadillac to have some work done on Monday.
On Saturday, August 28, 2004, I went back to Honda to ask Joe exactly when I could bring the Cadillac in for a detail. When I arrived at Honda, the first person I saw was Carlos Iglesias. Before I could ask him when it would be okay to bring my car in for a detail, Carlos told me to leave. Occasionally, when I show up on Saturday, Carlos tells me to leave when I show up at Honda on Saturday, because Saturdays are not vendor days. However, this day I was visiting Honda as a customer and not a vendor. I told Carlos that I was there as a customer and not as a vendor. Carlos started yelling at me and just about that time, Joe Gibbons walked in. I turned to Joe and asked him when I could the last thing done on my car, the detail. Before Joe could say anything, Carlos started yelling once again saying that I was not going to get my car detailed. Carlos embarrassed me and belittled. I felt that I had been verbally assaulted and I began to fear for my safety. As such, I turned and left Honda of Orem without saying a word.
For the rest of the weekend I thought about the events that had transpired and I came to the conclusion that I no longer wanted to do business of any sort with Honda of Orem. Prior to this decision, I had been doing Honda's bodywork for the past five years. At that point I still had a 1969 Jaguar in my shop, which belonged to Bill Council, General Manager of Honda of Orem. I decided that I would finish the front nose of the car and put the two doors in primer and put the aforementioned parts back on the car before I returned it.
Tuesday, August 31, 2004, Alexis Boston, my employee went to pay for the car she had just purchased from Honda. Joe asked Alexis if I was still upset. I had not told Alexis what had happened because I was embarrassed she only knew that I was upset with Honda she did not know any of the details about what had happened. Alexis told Joe that she knew I was upset, but she didn't know why. Joe told her that Carlos had been a little short with me and I had walked away angry. Joe said told her that he tried to tell me I could get my car detailed on Monday.
The morning of September 15, 2004, I loaded the Jaguar with on a trailer and dropped it off at the back lot of Honda of Orem where Bill would be sure to find it. I did this around 7 a.m. that morning to avoid a confrontation with Bill. Approximately, around 9:30 a.m., I received a call from Bill on his cell phone; he was at Honda of Orem. At first, Bill seemed nice and I said that I don't want to work on Hondas car any more. At this point in the conversation I decided to change the subject and ask if the license plates for my Cadillac had arrived yet. Bill stated that the plates were at Honda so I asked him if he would mail the plates to me. Bill yelled out like he was speaking to someone, Don't mail Mark's plates to him! Then he said, If you want your plates, I am not going to mail them to you, you have to come down to Honda, step on the property so I can whomp on your ***. At that time, I hung up the phone. I knew that I had to have my plates and because I had been threatened I decided to call the police.
When the police officer arrived, I proceeded to tell him exactly what happened. The officer asked me to follow him down to Honda in my car and then park my car next to his car. He asked me to remain in my car once we got there. The police officer was inside Honda of Orem for 15 or 20 minutes. When the police officer came out, he said that Bill had lied and that my plates had not arrived at Honda yet. The officer also said that Bill had admitted to threatening me and had just used the plates to get me to go down to Honda. Finally, the officer said that he had informed Bill that when the plates did arrive that Bill was to call the policeman and not me. The officer would then pick up my plates for me.
As of September 29, 2004, I still have not received me license plates and my temporary tags expired on the September 19th.
When the police officer went to Honda of Orem, he told Mr. Council not to call Mr. ********* when the plates arrived, but to call him, Officer Jon Rochette. Officer Rochette also advised Mr. *********, to file a formal complaint with the DMV. Mr. ********* filed the complaint. Mr. Council did not contact Officer Rochette. Mr. Scott Richards, who works for the Motor Vehicle Enforcement Division, received Mr. *********'s complaint. On October 20, Mr. Richards went to Honda of Orem to find out where the plates were, because according to his records Honda had picked up the plates from DMV on the 21st of September. Mr. Richards retrieved the plates from Honda and gave them to Mr. *********.
This statement of the facts is true and I have made an account of the events, which transpired as accurately as I could.