November 7, 2009
Elderly woman says men scammed her in business deal
Christa Haywood By Carol Ferguson, Eyewitness News
An elderly Bakersfield woman says two business "partners" have scammed her out of thousands of dollars. Christa Haywood, 74, says she was talked into putting up the money for a diner, but the two men who were supposed to run the restaurant are forcing her out.
Property managers at the California Avenue location say they also have a dispute with the men. It boiled over into a heated confrontation in front of the "Fifties Diner" on Wednesday. The property manager was there to meet with a couple who sold the restaurant to Haywood two months ago. Then, two of the new partners showed up -- Jose Aguirre and Joseph Caporali. "You've never negotiated anything, never," the property manager told them. The manager representing DDM, LLC said he didn't want his name used. "You've not filled an application -- sir," he told Aguirre. "And you've not made any intention of getting a lease from me." Aguirre was the first to approach the manager. Aguirre told Eyewitness News he had not paid rent for the two months since he and the partners bought the diner. He didn't offer an explanation. The monthly rent on the lease is $4,000. Eyewitness News started investigating the situation after friends of Christa Haywood said they were worried about her investment with the two men. Haywood said Joseph Caporali had talked her into putting up the money for the deal. "Mr. Caporali came to me and said, 'Honey -- I've got this restaurant out there we can buy for $30,000. I owned this restaurant years before.'" Haywood said she thought this investment would be safe because it is a real business, and she has some experience with restaurants. But, Haywood said the first contract Caporali and Aguirre drew up did not include her name. In a second contract, she was named as a "silent partner" on an agreement dated March 28. Haywood said she figured the men could run the operation, and she would keep an eye on the finances. It didn't work out that way. "I take care of the paperwork, and take it to my bookkeeper -- since I have a bookkeeper. But every time I went out there, I never saw any paperwork, I never saw any receipts," Haywood said. "I don't know how much money they made or something." In the second contract, Haywood is supposed to get 50 percent of the profits at the end of each month. And Caporali is supposed to pay her $100 a day to repay investments she's made with him in the past. Haywood said the men also immediately needed more cash to run the diner. She had to pay for things like utilities, payroll and equipment repairs. That's when she decided not to be a silent partner. "I said, well wait a minute. If I have to do all that, then I'm not going to be a silent partner any more." But, Haywood said the men didn't want her around the restaurant, and found excuses to have her leave. The woman said she decided to change the locks, and the property manager said that was OK if he got a key, too. Haywood said the property manager agreed she could lock up the diner and she'd have two weeks to try and sell the business. But, Aguirre said when Haywood changed the lock, she stole money out of the restaurant. "When they came and changed the locks there was $7,000 missing, a brand new Bulova watch, and a bunch of miscellaneous little things." Haywood disputes that. "There was nothing there, there was just paperwork," she said -- unpacking a bag of papers apparently collected from the office. Meanwhile, the property manager said only Haywood's name was on the lease, and that was another problem with the two partners. "I was not aware of the partners," the manager said. He added that he had faxed lease applications to Caporali and Aguirre, but they never responded. On Wednesday at the confrontation outside the diner, Caporali said that issue would be resolved. But, Thursday the manager said he still didn't have the necessary response from the men. Bakersfield police say they have been called out to the diner four times over the investors' dispute. "These were peace disturbances or civil disputes between the investors from both sides," Sgt. Greg Terry told Eyewitness News. Terry said no crimes have been broken, officers consider these civil issues. On Wednesday, Caporali and Aguirre referred Eyewitness News to an attorney they said was advising them. Calls to that lawyer were not returned on Thursday. The elderly woman said her name is on the lease, and if something goes wrong she'll be on the hook for even more money. Haywood also doesn't agree with how the men are running the restaurant, and she won't be a party to that. Haywood says she wants out. "I'd like to have this place sold, or I'd like to have my money back. Right now I've got $50 thousand invested in there, and that's what I'd like to have back." |
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