OUR HOUSEHOLD GOODS WAS PICKED UP IN SAN DIEGO ON 8/13/2010 DID NOT RECEIVE ITEMS ON 9/19/2010. SPOKE TO FIRM, THEIR INSURANCE COMPANY AS OF NOW ZERO RESPONSE. THE FOLLOWING IS A LAWYERS LETTER SENT TO MOVING COMPANY
February 8, 2011 Via Overnight Delivery
Mr. [continued below]....
..... Ram Cynsiger California New York Express Movers
1248 Palmetto Street
Los Angeles, CA 90013
Re: Elaine Lewis
Dear Mr Cyngiser: I write on behalf of Ms. Elaine Lewis concerning her claims against California New York Express Movers (“Express Movers” or “you”) resulting from Express Mover’s negligent handling of Ms. Lewis’s move from San Diego California to New York City. Ms. Lewis will settle and release Express Movers from all legal claims for $35,000. In August 2010, Ms. Lewis contracted with Express Movers for it to move her personal belongings from her San Francisco home to her New York City apartment. You guaranteed that Express Movers would deliver her personal belongings to her New York City apartment on or before August 25, 2010. On August 12, 2010, Express Movers picked up Ms. Lewis’ belongings. After an incident involving a cement mixer at your storage facility in California on August 14, 2010, you notified Ms. Lewis that all of her belongings were destroyed. Based upon your company’s representation, Ms. Lewis purchased furnishings and other household items to replace some of her purportedly destroyed belongings. The replacement cost of these items totaled $10,820. Attached is a printout of the items Ms. Lewis purchased. Ms. Lewis would not have purchased these items but for Express Movers’ negligent representation. Approximately two weeks later, and after Ms. Lewis purchased and used the replacement items, Express Movers told Ms. Lewis that her belongings were not destroyed in the cement mixer incident. Express Movers required her to pay an advance fee of $5,050 to deliver her possessions even through her agreement with Express Movers capped her moving costs at $3,848.36 and Express Movers could not possibly deliver her belongings on the promised delivery date. Two of Ms. Lewis’s friends attempted to view her belongings in California to see if they were damaged, but Express Movers refused them access to inspect her belongings. On September 19, 2010, almost one month late, Express Movers delivered Ms. Lewis’s personal belongings to her New York City apartment. The movers quickly unpacked her belongings in her apartment without an insurance inspector being present, even though you had previously discussed with Ms. Lewis that some of her items might have been damaged in the cement mixer incident, and did not give her an opportunity to inspect her belongings before they left. After her inspection, Ms. Lewis noticed that she was missing the following items, valued at approximately $19,600: (i) a mink coat ($8,200); (ii) a long cashmere coat ($6,700); (iii) a cashmere coat ($2,200); and (d) bathroom items ($2,500). Attached is a copy Ms. Lewis’s claim form filed with Transguard Insurance Company. Additionally, Ms. Lewis’s couch sustained water damage and she immediately notified the insurance company regarding this damage. Mr. Scott Mickelson from Transguard Insurance Company took photographs of her couch but has not returned her telephone calls. The replacement value of Ms. Lewis’s couch is approximately $3,600 In addition to the foregoing damages, Ms. Lewis sustained a significant loss of income. Instead of focusing on her business, Express Movers’ negligence and perhaps intentional torts needlessly directed her to purchase replacement furniture and appliances to furnish her empty apartment. Then, Ms. Lewis was forced to write emails to Express Movers for information about her property and to endure a twenty-four day delay for the delivery of her possessions, some of which were damaged and/or not delivered. Ms. Lewis estimates that she lost approximately $175,000 in business due to your delay and improper handling of this matter. Ms. Lewis will accept a total one-time payment of $_35,000 in order to settle her claims against Express Movers. This amount is based on the (i) $10,820 she spent on new household furnishings; (ii) the $19,600 in missing items; (iii) $3,600 for her damaged couch; and (iv) the $5,050 she paid to have her belongings shipped. Although Ms. Lewis’s demand does not include her loss of income, she will seek her lost income if she is forced to litigate this matter.
Please contact me to discuss Ms. Lewis’s claims.
Ms. Lewis reserves all of her rights and this letter is for settlement purposes only.
Very truly yours,