Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa DA drops charges against two suspects in mutilation, burning of Antioch woman’s remains over cops’ racist texts

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Police and fire department personnel investigate the scene of Mykaella Kayla Sharlman’s body found on fire along the Mokelumne Coast to Crest Trail in Antioch, Monday morning, Oct. 17, 2022. Herald file photos

People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released; responding officers, lead detective not implicated in texting scandal

By Allen D. Payton

According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.

A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges against Montalvo and Boone and reinitiate legal action if new evidence is developed.

In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)

After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.

“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.

Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton

Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye

As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released.

Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody, unless they have holds on priors, they are likely out.”

“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”

Antioch Police Department PIO Corporal Price Kendall was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released.

Lee responded, “They are no longer in custody.”

UPDATE: Kendall responded, “We will not be releasing the names of the officers involved in the investigation. However, none of the officers that initially responded to the call or the lead detective that filed the case were implicated in the text messages.”

Please check back later for any updates to this report.

Troy Foulger a double winner at Antioch Speedway on Soares Memorial Night

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Troy Foulger #49 picked up the big win in the Soares Memorial IMCA Modified race. Photo by Katrina Kniss

Racing resumes Friday and Saturday night with annual Western States Dwarf Car Nationals

By Candice Martin, DCRR Racing Media 

Antioch, CA…June 3…Troy Foulger won the 20 lap IMCA Modified Main Event Saturday night at Antioch Speedway. The Oakley driver is the current point leader in the Bowers Motorsports entry, and this was his first win of the season. He is also in the hunt for an unprecedented sixth division championship.

Looking for a second-straight win, IMCA National rookie point leader Andrew Pearce of Oakley set the early pace, but a Turn 4 pass on the second lap put Foulger into the lead. Foulger led Pearce through a pair of yellow flags in the first 12 laps as Buddy Kniss of Oakley ran third. Martinez drivers Nick DeCarlo and Anthony Slaney dueled fiercely for the fourth position before Slaney  moved ahead. Slaney got around Kniss for third with a Turn 4 pass on Lap 15. Foulger had a good lead on Pearce and picked up the impressive win. Slaney ended up third ahead of DeCarlo and Randy Shafer a Vacaville.

Point leader Troy Foulger #49 won his third IMCA Stock Car Main Event. Photo by Katrina Kniss

Later, Foulger came back and won his third 20 lap IMCA Stock Car Main Event. Rob Gallaher of San Jose led early with Foulger making an inside pass on Travis Dutra of Concord on Lap 2 to take second. Foulger went low in Turn 4 on the third lap to grab the lead front Gallaher. From there, he pulled away in the non-stop affair to a straightaway advantage. Dutra went inside down the front stretch on Lap 4 to grab second. Gallaher battled with Scott Foster of Oakley for the third spot until Foster took the position on Lap 9. Foulger won ahead of Dutra, Foster, Gallaher and Jason Robles of Rio Vista.

Highly decorated Placerville and Marysville champion Matt Michelli #96 won the Xtreme Late Model Main Event. Photo by Katrina Kniss

Live Oak’s Matt Michelli won the 20 lap Xtreme Late Model Main Event. Micheli is a 10-time champion across multiple divisions at tracks in Placerville, Marysville and Chico.

Paul Guglielmoni of Vacaville charged into the lead at the start ahead of Les Friend of Galt. Micheli moved into second on Lap 2 and made a low pass in Turn 2 of the fifth lap to take the lead from Guglielmoni. On the seventh lap, Rod Oliver of Yuba City slipped past Guglielmoni for second, and a yellow flag waved moments later. Micheli continued to lead Oliver on the restart, but reigning  champion Dan Brown Jr of Lincoln made a Turn 2 pass on Lap 12 to take second. Clark Guglielmoni of Vacaville quickly settled into third. Micheli set a good pace In the closing laps and picked up the victory ahead of Brown, Guglielmoni, Oliver and Chester Kniss of Antioch.

Jason Ryan Jr #52 picked up his second IMCA Sport Modified feature to take the point lead. Photo by Katrina Kniss

Jason Ryan Jr of Oakley won the 20 lap IMCA Sport Modified Main Event. This was his second win of the season as moved into the point lead. Ryan bolted into the immediate lead ahead of Jacob Mallet Jr of Oakley and Kelly Campanile of Oakley. Pacheco’s Kenny Shrader slipped past Campanile for third on the sixth lap and set his sights on Ryan and Mallet. Following a yellow flag on Lap 8 for Tyler Browne, Ryan continued to lead Mallet and Shrader on the restart. Ryan ran a smooth race for the remaining distance and collected the victory. Mallet settled for second ahead of Shrader, Campanile and Chuck Golden of Pittsburg.

Dwarf Car star Danny Wagner #11 won the Hobby Stock feature race. Photo by Katrina Kniss

Danny Wagner won the 20 lap Pacific Coast General Engineering Hobby Stock Main Event. This wrapped up a clean sweep of Dash, heat and and feature race for the Bay Point driver. Wagner is a three-time Dwarf Car champion.

Chris Long of Antioch bolted into the early lead ahead of Colten Haney of Brentwood. Wagner slipped into second on the third lap with Jared Baugh Pittsburgh running in third. Wagner made an inside pass on Lap 6 to take the lead from Long. Baugh gained second on the Lap 7 restart, but he spun in Turn 4 on the 11th lap, collecting Long. Wagner led Les Friend of Galt on the restart, but Friend was involved in a tangle on the 13th lap. At that point, Wagner led Kevin Brown of Oakley and Ken Johns of Antioch. Aidan Ponciano of Oakley moved into third on Lap 16 and dueled Brown over the remaining laps. Wagner went on to victory ahead of Brown, Ponciano, Baugh and Johns.

DJ Saenz #72 won the Mini Late Model Main Event. Photo by Katrina Kniss

DJ Saenz of Manteca won the 15 lap California Sharp Mini Late Model Main Event. This race was scheduled two days prior. Manteca’s Mitch Enos took the early lead over Saenz and Dan Zuger of San Jose. Zuger headed for the infield on the seventh lap, and a Lap 9 pass gained Saenz the lead from Enos. Enos kept it close, but Saenz prevailed in the end. Cayden Foster ended up third with Zuger rounding out the finishing order.

Racing resumes this Friday and Saturday night with the annual Western States Dwarf Car Nationals, hosted by the local Delta Dwarf Car group. Some of the best drivers on the West Coast will be there. On Friday, the Wingless Spec Sprints and IMCA Stock Cars will be competing. Saturday night will also include the IMCA Modifieds, Tri State Pro Stocks and Print Club Mini Stocks. For further information, go to www.antiochspeedway.com.

Antioch Speedway Race Results – June 3, 2023

IMCA Modifieds

Heat Winners (8 laps)-Troy Foulger, Buddy Kniss. Main Event (20 laps)-Troy Foulger, Andrew Pearce, Anthony Slaney, Nick DeCarlo, Randy Shafer, Buddy Kniss, Chris Sieweke, Bobby Motts Jr, Dave Duste Jr, Tim Yeager Jr.

Xtreme Late Models

Heat Winners (8 laps)-Anthony Slaney, Clark Guglielmoni. Main Event (20 laps)-Matt Micheli, Dan Brown Jr, Clark Guglielmoni, Rod Oliver, Chester Kniss, Shawn DeForest, Les Friend, Justin Yeager, Wayne Trimble, Paul Guglielmoni.

IMCA Sport Modifieds

Heat Winners (8 laps)-Tyler Browne, Kenny Shrader. Main Event (20 laps)-Jason Ryan Jr, Jacob Mallet Jr, Kenny Shrader, Kelly Campanile, Chuck Golden, Trevor Clymens, Joseph Pato, Tyler Browne, Mark Garner, Tommy Clymens Jr.

Pacific Coast General Engineering Hobby Stocks

Heat Winners (8 laps)-Danny Wagner, Chris Long, Jared Baugh, Colten Haney. B Main (12 laps)-James Thomson, Bobby Gallaher, Michaela Taylor. Main Event (20 lap)- Danny Wagner, Kevin Brown, Aidan Ponciano, Jared Baugh, Ken Johns, James Thomson, Jon Haney, Colten Haney, Jess Paladino, Trevor Clymens.

IMCA Stock Car

Heat Winner (8 laps)-Troy Foulger. Main Event (20 laps)-Troy Foulger, Travis Dutra, Scott Foster, Rob Gallaher, Jason Robles, Kenneth Robles, Nick DeCarlo DNS.

California Sharp Mini Late Models

Heat Winner (8 laps)-Mitch Enos. Main Event (15 laps)-DJ Saenz, Mitch Enos, Cayden Foster, Dan Zuger.

 

 

Kaiser Permanente Richmond employees support daughter’s childhood dream to become a doctor

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Bianca Silva with parents Letty and Martin Silva on graduation day. Photos: Kaiser Permanente

“Sí se puede! Dreams do come true!

Dr. Bianca Silva.

By Ronelle Scardina

Bianca Silva believed her grandfather’s words, “Sí se puede,” and her mother’s advice that “if you can think it, you can make it happen.” On May 20, Bianca graduated with a D.O. degree from Pacific Northwest University of Health Sciences College of Osteopathic Medicine. She is preparing for her first job in June as a family medicine resident physician at Kaiser Permanente Vallejo with the intention of serving the local community she once grew up in as a teen.

Bianca’s parents, Martin and Letty Silva, work at the Kaiser Permanente Richmond Medical Center. He is a gardener, and she is an administrative assistant. Both parents supported their daughter’s dream of becoming a doctor. After years of hard work, they are excited to see her dreams come true.

“When Bianca was in middle school, my husband would pick her up from school as he was getting off his shift and bring her to me at the pharmacy at the Kaiser Permanente Richmond Medical Center,” Letty recounted. “She had to wait for 30 minutes until my shift ended because he worked the night shift and I worked the day shift. Bianca enjoyed her visits. She got to know the team and had an opportunity to be exposed to so much about working in the medical field. One day, Bianca looked up at me and said that she wanted to become a doctor when she grows up.”

Bianca always demonstrated commitment to pursing her dream and working with medically underserved and vulnerable populations. She worked hard—something she learned at a young age. Growing up, she helped her father with landscaping side jobs by picking up sticks and leaves in return for treats at McDonald’s.

“We believed it was important to teach them responsibility and commitment,” Martin said. “We said that if they could think it, they could make it happen!”

It has been a long journey, but the family was always there to support and encourage Bianca along the way. She was especially close to her now deceased grandfather, Raul, who encouraged Bianca to pursue her dream of becoming a doctor — “Sí se puede, echale ganas . . . Yes, you can, give it your best!”

“He motivated her to achieve her goal,” Letty noted. “Bianca put in a lot of effort and never gave up. She’s looking forward to the day that she can visit his grave with her degree and let him know all about it. Although he won’t be at her graduation, Bianca knows deep in her heart that he will be there with her in spirit.”

Bianca was born at the Kaiser Permanente Oakland Medical Center. She grew up in Richmond with her older brother, Martin, Jr., and younger sister, Jessica. She later moved to Vallejo to attend Jesse Bethel High School. Bianca received most of her care at Kaiser Permanente Vallejo Medical Center, where she would eventually match for residency. She currently lives at home in Fairfield with her cat, Luna.

The family is looking forward to celebrating Bianca’s graduation and new job on June 10.

Letty, Bianca and Martin Silva.

Martin Silva has been employed at Kaiser Permanente Richmond since March, 1995. He spent seven years in Environmental Services before transferring to the Landscape Team as a gardener, where he has worked ever since. Letty has worked for Kaiser Permanente Richmond since 1987.

A Richmond native, Letty hoped to work at Kaiser Permanente since she was a little girl because she wanted to give back to the local community.

“We love our community,” she said. “We love to help our neighbors and our other family at Kaiser Permanente—it’s considered our home away from home. It took a lot of sacrifice and commitment, and it means everything. We are so proud of Bianca’s accomplishments. It was worth it!”

New playground structure installation at Regatta Park in Discovery Bay thru June 30

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Rendering of Regatta Park playground structure by Miracle Playsystems. Source: CCC Public Works

By Kelly Kalfsbeek, PIO, Community & Media Relations Coordinator, CCC Public Works Department

Contra Costa County Public Works is installing a new playground structure at Regatta Park, 2514 Foghorn Way, Discovery Bay. Work has already started on this wonderful project, and will continue through Friday, June 30, 2023, barring unforeseen circumstances. Contractors will be working between 7:00 a.m.- 4:00 p.m., Monday through Friday (excluding holidays), weather permitting. The park will remain open during installation; however, park users may encounter staff and equipment during working hours.

Fencing will be installed around the work area for safety. The new playground areas will not be accessible while fencing is in place. Walking on the surfaces during the curing process can affect the finished product.

About Contra Costa County Public Works Department:

Contra Costa County Public Works Department (CCCPWD) maintains over 660 miles of roads, 150 miles of streams, channels and other drainage and over 150 County buildings throughout Contra Costa County. CCCPWD provides services such as Parks and Recreation, Sandbag Distribution and Flood Control throughout the unincorporated areas of Contra Costa County.  CCCPWD operates two airports, Buchanan Field Airport in Concord and Byron Airport in Byron. For more information about CCCPWD, please visit us at www.cccpublicworks.org.

 

Contra Costa Coroner’s Inquest Jury finds Antioch man in jail died of natural causes

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By Jimmy Lee, PIO, Contra Costa Sheriff’s Office

Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding Friday, June 3, 2023 in the January 3, 2023 in-custody death of 31-year-old Brian Love Pence, Jr. of Antioch. The finding of the jury is that the manner of death is natural.

Pence was arrested on December 31, 2022, by Antioch police for misdemeanor spousal battery. Upon entering Intake, he tested positive for Covid and was assigned to a module on quarantine status and housed alone. He was screened by County Health Services and cleared for incarceration by Medical and Mental Health staff.

On Jan. 3, 2023, at approximately 1:22pm, deputies conducted a room check and observed no movement from the inmate. Deputies made entry and called for jail medical staff to respond. Life-saving measures were attempted by deputies, medical staff and paramedics. He was later pronounced deceased at the scene. There were no immediate signs of trauma or anything suspicious. (See related article)

The coroner’s jury reached the verdict in the inquest after hearing the testimony of witnesses called by hearing officer Matt Guichard.

A coroner’s inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving law enforcement personnel, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding:  Accident, Suicide, Natural Causes or At the hands of another person, other than by accident.

Allen D. Payton contributed to this report.

Hercules man faces murder charge, Antioch man arraigned for assault with firearm in Pleasant Hill shooting

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Outside bar on April 3rd; murder suspect arrested in Mexico

By Ted Asregadoo, PIO, CCDA

The Contra Costa District Attorney’s Office has filed a two-count felony complaint against a Hercules man for the murder of 37-year-old Oscar Arellano Laredo in Pleasant Hill on April 3rd.

Around 1:15 am, Pleasant Hill Police received reports of shots fired in the 1900 block of Contra Costa Boulevard. When officers arrived on the scene, they found Mr. Laredo lying on the ground in in the parking lot of Farrington’s Bar at 1938 Contra Costa Blvd. with a gunshot wound to his head. Emergency medical personnel arrived shortly after and pronounced Mr. Laredo deceased at the scene. (See related article)

An investigation into the incident revealed that a dispute in a nearby bar involving friends of the shooter and victim preceded the shooting. Witnesses also reported the suspect fled in a vehicle shortly after the murder. Police were able to identify the vehicle and its owner – who matched witness descriptions of the shooter – as 35-year-old Andre Aaron Barocio (4/21/88). Law enforcement officials in Mexico arrested Barocio on May 21st and he was transported back to the Bay Area where he was booked into the Martinez Detention Facility on May 25th. His arraignment is scheduled for May 26th in Martinez.

In addition to the murder charge [PC187(a)], Barocio faces a second felony [PC29800(a)(1)] for possessing a firearm by a felon and a special allegation for the personal and intentional discharge of a firearm [PC12022.53(d)].

According to locacrimenews.com, Barocio has a history of arrests dating back to 2014 by Pittsburg, Concord, U.C. Berkeley, Walnut Creek and West Covina Police Departments, as well as Contra Costa CHP and Alameda County Sheriff’s Department including for DUI, possession of ammunition, driving with suspended license and speeding over 100 MPH and drug possession.

Co-defendant 32-year-old Angelo Martinez Delacruz (5/31/90) of Antioch was arraigned on assault with a firearm [PC245(a)(2)] and has a court date set for a preliminary hearing on June 1st in Martinez.

Barocio’s arraignment has been put over to June 1st since his case is related to Delacruz. It will be held in Department 27 with Judge Teri Mockler.

Case No. 01-23-01411| The People of the State of California v. Barocio, Andre

Case No. 01-23-01292 | The People of the State of California v. Delacruz, Angelo Martinez

Allen D. Payton contributed to this report.

Marsh Creek Road Bridges Replacement Project to begin construction May 30

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Marsh Creek Road Bridge Replacement Project map. Source: CCC Public Works Dept.

By Kelly Kalfsbeek, PIO, Community & Media Relations Coordinator, CCC Public Works Department.

The Contra Costa County Public Works Department will begin construction of the Marsh Creek Road Bridges Replacement Project starting on Tuesday, May 30, 2023, through March 2025, barring unforeseen circumstances. Work will occur from 7 a.m. through 5 p.m., Monday through Friday (excluding holidays), weather permitting. Work will take place on Marsh Creek Road at Bridges 143 and 145. Bridge 143 is located approximately 1.5 miles northwest of Deer Valley Road near the Clayton Palms Community. Bridge 145 is located approximately 3.0 miles east of Deer Valley Road near the road transition to Camino Diablo.

Traffic control will be used. Restrictions will be in place to minimize impacts during commuting hours. Message boards will alert drivers about the work. Drivers should expect delays through the construction zone and consider alternative routes during working hours.

The project will replace two (2) bridges on Marsh Creek Road with two (2) new concrete bridges. Work also includes reconstruction of the bridge approach roadways and construction of drainage facilities.

Funding for this project is provided by the federal Highway Bridge Program and local Gas Tax funds.

To learn more about this project, please visit: www.contracosta.ca.gov/MCR-Bridge

About Contra Costa County Public Works Department:

Contra Costa County Public Works Department (CCCPWD) maintains over 660 miles of roads, 150 miles of streams, channels, and other drainage and over 150 County buildings throughout Contra Costa County. CCCPWD provides services such as Parks and Recreation, Sandbag Distribution and Flood Control throughout the unincorporated areas of Contra Costa County. CCCPWD operates two airports, Buchanan Field Airport in Concord, and Byron Airport in Byron. For more information about CCCPWD, please visit us at: www.cccpublicworks.org.

College District makes Interim President Dr. Pamela Ralston of Los Medanos College permanent

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By Marisa Greenberg, Marketing & Communications Coordinator, 4CD

Dr. Pamela Ralston

The Contra Costa Community College District (4CD) has selected Dr. Pamela Ralston as the seventh permanent president of Los Medanos College (LMC). The 4CD Governing Board will vote on ratification of her contract at their June 14, 2023, meeting. The announcement was made following a search that began in February 2023.

“Dr. Ralston brings tremendous experience and commitment to improving student success and student equity by working collaboratively with faculty, staff, and administrators,” said Interim Chancellor Mojdeh Mehdizadeh. “Through the development and support of strong, innovative programs, and in designing a supportive environment where both students and staff feel respected and appreciated, I am confident we have chosen a leader who is a great fit for 4CD, Los Medanos College, and the East County community.”

Over the course of a two-decade career in public higher education, Dr. Ralston has served as the Interim President at Los Medanos College, President at Santiago Canyon College, and Executive Vice President of Educational Programs at Santa Barbara City College, where she led the academic and student services programs. A passionate advocate for diversity, equity, and inclusion in education, Dr. Ralston has worked to create a welcoming and inclusive environment for all students, with special attention to the strengths that their cultural backgrounds and ethnic identities bring to their college experiences.

Dr. Ralston earned a bachelor’s degree in English from the University of Oregon and Master of Arts and doctoral degrees from the University of Washington in Comparative Literature.
“I am honored to be selected to lead this incredible higher education institution,” said Dr. Ralston. “I am eager to help maintain and expand LMC’s legacy of educational excellence, promote community college as a great choice for our students, while building stronger connections and partnerships with our community.”

The Contra Costa Community College District (4CD) is one of the largest multi-college community college districts in California. The 4CD serves a population of 1,200,997 people, and its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. 4CD is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon. The District headquarters is located in downtown Martinez. For more information visit www.4cd.edu.

 

Cal CASA highlights volunteers during National Foster Care Month

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By Sharon M. Lawrence, Esq, CEO, California CASA Association

In observance of National Foster Care Month, California CASA highlights the work of Court Appointed Special Advocate volunteers who advocate for the needs of children and youth in foster care. Thank you to the 11,000 CASA volunteers statewide for being a consistent presence and reliable resource for 12,700 children and youth during times of uncertainty and transition.

With more than 78,000 children and youth in foster care in the state—victims of neglect, abuse, or exploitation—we need to do more. A CASA volunteer often represents their only stable, trusted relationship with an adult; the one person who will speak up for them—in court, in school, and in the community—to make sure their voice is heard, and their needs remain the top priority.

The CASA volunteer model works. Youth in foster care supported by a CASA volunteer are more likely to do better in school, receive more services, secure a permanent home, and have higher levels of hope.

California CASA works in partnership with our state’s 44 local CASA programs. Our vision is to ensure every child in foster care in California can have access to the transformative services and support of a CASA volunteer.

You can help foster more hopeful futures—one child, one CASA, at a time—by making a gift to California CASA today. Your gift will enable us to expand our collective impact so every child in foster care has a chance to thrive, with the skilled and compassionate support of a CASA volunteer.

 

49 state attorneys general file lawsuit against telecom company over billions of illegal robocalls

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An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be heard here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.”

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

  • Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
  • Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”;
  • Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
  • Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California.

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.