Tag Archive for: San Diego District Attorney

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Vivint Solar to Pay $4.3 Million Consumer Settlement for Misleading Customers

San Diego County District Attorney Summer Stephan, along with four other California prosecutors’ offices, has secured a $4.3 million settlement with Vivint Solar, Inc. and its related entities to resolve consumer protection violations involving the company’s solar power purchase agreements (PPAs). The settlement stems from allegations tied to residential solar installation and energy contracts that VivintSolar entered into with California consumers between August 2016 and October 2020.

The complaint, filed in Riverside County Superior Court, alleges that in advertising and promoting its solar energy systems and the terms of the PPAs, Vivint Solar misrepresented the agreements or failed to make adequate disclosures to avoid misleading consumers.

“When companies use misleading and aggressive tactics to ensnare customers, as in the case of this solar company, they are engaging in unfair competition and other consumer protection violations and will be held responsible under the law,” DA Stephan said. “Many of these companies commit the same violations across the state and being able to leverage our office’s statewide consumer protection partnerships allows us to do more to protect San Diegans. One of the most beneficial aspects of this case is the availability of $3 million for consumers to request reimbursement of losses they suffered. I am grateful to our Consumer Protection Team for holding businesses accountable and obtaining justice for consumers.”

Examples of Vivint Solar’s alleged violations include:

  • Misrepresenting the relationship between Vivint Solar and the local utility company, including wearing clothing branded with a Southern California utility company.
  • Misrepresenting energy or cost savings by telling consumers their bills would be lowered, when in many cases they climbed higher.
  • Misrepresenting consumers’ ability to cancel the contract or agreement in question.

In the final judgment, Vivint Solar is prohibited from engaging in unfair, illegal or fraudulent business practices related to its solar energy systems, including:

    • Making any false statement about the company’s relationship with a local utility, energy savings a customer might expect to receive, or a customer’s ability to cancel the contract.
    • Requesting, ordering, or otherwise obtaining a consumer credit report in connection with a consumer’s application for a loan or credit without first obtaining the consumer’s written consent.
    • Creating accounts related to the purchase, installation, servicing, or lease of any Solar Energy System without first obtaining the consumer’s written consent.
    • Failing to provide translations of written contracts related to the purchase, installation, servicing, or lease of any Solar Energy System in the language in which the contract was negotiated before the execution of such contract; and
    • Enforcing a liquidated damages provision in its agreements or contracts, including but not limited to a Vivint Solar PPA, that does not comply with the provisions of Civil Code section 1671 and California case law interpreting that statute.

Under the terms of the judgment, which was entered without admission of liability, Vivint Solar will pay a total of $1.3 million in civil penalties and investigative costs. It will also establish a restitution fund of $3 million to cover valid requests for restitution from a California consumer regarding solar energy systems sold by VivintSolar or the terms of any Vivint Solar PPA that fall between August 3, 2016, and October 8, 2020. On October 8, 2020, Vivint Solar became a wholly owned subsidiary of Sunrun, Inc. (“Sunrun”). Sunrun is not a party to this law enforcement action.

Notification to California consumers of the provisions of the Stipulated Judgment, including time limitations on making a claim and methods to submit a claim for restitution, will be provided by Vivint Solar and available on the consumer-facing website of VivintSolar, Inc. and Sunrun. Vivint’s other entities included in the settlement are Vivint Solar Holdings, Inc. and Vivint Solar Developer, LLC (“Vivint Solar”).

The case was jointly prosecuted by the District Attorneys of San Diego, Riverside, Alameda, Fresno and San Francisco. The prosecutors noted that Vivint Solar and Sunrun and its counsel have worked cooperatively with the public agencies to resolve the matter.

Deputy District Attorney Colleen Huschke prosecuted this case for the District Attorney’s Office.

San Diego County DA Summer Stephan Swears In 15 New Deputy District Attorneys

On January 30, District Attorney Summer Stephan proudly swore in 15 new Deputy District Attorneys committed to serving the people of San Diego County. In this special moment, our newest prosecutors share why they chose a career in public service — and why they chose the San Diego County District Attorney’s Office to make a difference. Join us in congratulating these dedicated public servants as they begin their journey to uphold justice, protect our communities, and stand for what’s right.

Join us for the San Ysidro Education Collaborative Community Forum on Feb. 10

San Diego County District Attorney Summer Stephan invites you to join us in San Ysidro for an important community forum with the San Ysidro Education Collaborative. We’ll talk about the issues impacting our families right now:

⚠️ Fentanyl dangers & overdose awareness

🛑 Consumer fraud prevention

💙 Human trafficking prevention & awareness

📱 Social media safety to protect kids online

📍 Ocean View Hills Elementary School

🗓 Tuesday, Feb. 10 ⏰ 5:30–7:30 p.m.

🎟 No Cost Event & open to the public Your voice matters. Your safety matters. We hope to see you there.

 

Prisoner handcuffed behind bars

Family Predator Sentenced for Molesting Multiple Relatives over Years

San Diego County District Attorney Summer Stephan said today that a man who over several years molested five different nieces between the ages of 5 and 16 has been sentenced to prison.

Joaquin Ruiz, 45, was sentenced to 102 years to life in prison for 18 counts of sex abuse against a child including forcible lewd acts, oral copulation on a child more than 10 years younger, possession of child sexual abuse material and other counts. A jury found him guilty in August of every count.

“Predators who steal the innocence of a child, creating a lifetime of trauma, have no place in our society.” DA Stephan said. “Today’s sentence is a message to sexual abusers that you will be held to account, and you will not hide in the shadows, no matter what your affiliations are. I am grateful to our expert sexual abuse prosecution team, who delivered a measure of justice to the victims in this case.”

Considered devoutly religious, Defendant Ruiz was known as “the perfect man” in his family, so much so that when the first victim disclosed, her parents and the defendant’s wife did not believe her. This caused the victim to recant her disclosure and apologize to the defendant. A second niece disclosed what Ruiz did to her, but the girl’s mother and sister kept her disclosure secret for months until they confronted Ruiz and his wife at a park. The confrontation became so heated that the police were called, which kickstarted the child abuse investigation. The investigation revealed additional victims, videos from hidden cameras that Ruiz placed in his bathrooms to capture the young children using the toilet, and screenshots of child sexual abuse material from sites the defendant visited.

Child molestation is a very serious crime that can affect a victim forever. Victims suffer higher rates of school difficulty, depression, substance abuse, anxiety, post-traumatic stress, eating or sleeping disorders, and suicide. However, child molestation can be prevented, and parents and guardians are encouraged to talk to their children about what is and is not appropriate. For additional resources, visit the District Attorney’s page about molestation prevention.

Deputy District Attorney An Dang prosecuted this case.

DA, Downtown Partnership Join Forces to Deter Retail Theft, Support Businesses

San Diego County District Attorney Summer Stephan joined forces with the Downtown San Diego Partnership and the San Diego Police Department today to educate businesses that the new laws under Proposition 36 passed by the People are providing accountability alongside treatment, and to encourage reporting of crimes to law enforcement.

To support the effective implementation of the new laws, businesses are being informed that free window signage courtesy of the San Diego Organized Retail Crime Alliance and the DA is available that warns those who would commit retail theft that they will be prosecuted, especially repeat offenders who chronically target businesses and threaten public safety. One year after Proposition 36 went into effect, DA Stephan also provided an update on prosecutions under the new law.

“Prop 36 has made a real difference to local businesses and prosecuting these habitual offenders is making stores and the community safer—across the county and in Downtown San Diego,” DA Stephan said. “Since the new law went into effect, business owners have been able to call police to stop repeat thieves from terrorizing their employees and customers. By emphasizing accountability alongside treatment and rehabilitation, data also shows that Prop 36 is working to address the core drivers of habitual criminal behavior.”

Data released last month shows that as of November 11, 2025, 2,721 cases have been charged with one of the two key portions of Prop 36: repeat theft offenders charged under Penal Code section 666.1 and repeat hard drug offenders charged under Health and Safety Code section 11395. About 65 percent of the cases fall under drug charges, while about 35 percent pertain to retail theft.

In about 98 percent of those cases, the court has placed defendants on a treatment track to address their addiction or other underlying causes of crime.

DA Stephan was joined at a news conference today by San Diego Mayor Todd Gloria, San Diego Police Captain Ryan Hallahan and Alonso Vivas, the Downtown San Diego Partnership’s Senior Vice President and Executive Director of its Clean and Safe program, to provide an update on Prop 36 prosecutions, explain how police are responding to calls for service when thefts occur, and highlight the support the Downtown Partnership provides to businesses in the City’s urban core.

Over the past 12 months, local small and large businesses have expressed relief over the implementation of the repeat theft offender provisions of Prop 36, with some reporting that stricter penalties are deterring theft and providing a sense of security for businesses previously targeted by recurring offenders.

“For the first time in years, Downtown businesses, residents, and visitors feel like the system is working with them instead of against them,” Vivas said. “Since Prop 36 took effect, we’re hearing from shops that they are finally seeing real relief from retail theft and fewer repeat offenders walking back through their doors.”

San Diego Police Department statistics for 2025 show there’s been a 23 percent decrease in the downtown San Diego area for theft, robbery, burglary/breaking and entering, larceny, and other property crimes. In 2024, there were 3,515 such crimes and this year there have been 2,708.

“SDPD’s efforts in downtown are about protecting our community from criminal behavior that threatens safety, commerce, and quality of life,” said SDPD Captain Ryan Hallahan. “Prop 36 provides us with the ability to enforce specific narcotic and theft violations as a felony, hold people accountable for criminal acts, and provide treatment for those battling addiction. It’s encouraging to see the statistics showing positive results for our downtown businesses, and our teams will continue working to keep it that way.”

 

“Proposition 36 is delivering results for San Diego,” Mayor Gloria said. “Downtown is seeing fewer property crimes, and we’re bringing accountability back for repeat offenders while still offering treatment and services for those struggling with addiction. Retail theft hurts everyone – small business owners, workers, and customers. I urge San Diegans to report these crimes when they happen. Every report helps us hold offenders accountable and keep our city safe for all of us.”

 

“A year after voters resoundingly approved Prop 36, we’re seeing its promise delivered,” said San Diego City Councilmember Stephen Whitburn, who represents downtown. “District Attorney Stephan and our law enforcement officers are holding repeat offenders accountable, and that’s critical for protecting downtown residents and businesses. This coordinated effort is renewing confidence for my constituents who live and work downtown.”

At today’s news conference, businesses were reminded that they can take proactive steps to maximize the impact of Prop 36, including:

  • Reporting crimes and educating employees on aspects of the new laws.
  • Investing in surveillance to better document crimes and training employees on how to document evidence and losses suffered.
  • Engaging with law enforcement to collaborate and stay informed about solutions available under the new law.

Business owners and the public should report theft, share information, and support efforts to hold offenders accountable to promote public safety and maintain a thriving community.

In addition, businesses were reminded today that free window cling stickers are available that warn would-be thieves they will be prosecuted. To request a free window cling theft warning, businesses can email SanDiegoDA@sdcda.org

Recognizing an increase in organized retail theft, several years ago the DA’s Office formed a specialized team of prosecutors and investigators to fight this crime. The team works with local businesses and law enforcement to build sound evidence, which ultimately leads to stronger cases. In addition to engaging the Downtown San Diego Partnership and Chambers of Commerce across the county, the DA’s Office also participates in the San Diego Organized Retail Crime Alliance, (SDORCA) bridging the gap between public and private investigations of organized retail theft in both large and small businesses in the county.

Proposition 36, which passed with 68 percent of the vote in 2024, took effect in December of last year. The DA’s Office has been committed to successfully implementing the transformational proposition in partnership with the Sheriff, the county’s police chiefs, the court and the community. The measure:

  • Provides stricter consequences for repeat theft offenders, those who are committing smash and grab retail crimes, and organized theft rings, to help stop the cycle of recidivism.
  • Requires convicted dealers of fentanyl and hard drugs to receive a warning that the next time they sell illegal drugs, and someone dies, they will be held responsible for a victim’s death. The law provides additional consequences for illegal drug dealers who cause great bodily injury or death, who carry firearms while dealing narcotics, or are involved in the distribution of unusually large quantities of narcotics.
  • Incentivizes lifesaving treatment for defendants suffering from addiction by creating the new Treatment Mandated Felony that offers treatment as an alternative to incarceration for those who illegally possess hard drugs like fentanyl and methamphetamine, addressing the root cause of many crimes.

More information about the implementation of Prop 36 can be found on the DA’s website here.

 

Consumer Protection Charge Against Pet Cremation Business Owner

San Diego County District Attorney Summer Stephan said today that the DA’s Economic Crimes and Consumer Protection Division has charged the owner of a pet cremation business in San Marcos for not delivering promised cremation services to customers and not refunding their payments. Christopher Settle, 39, was arraigned in San Diego Superior Court today on one felony count of grand theft.

Twenty victims have been identified as not receiving refunds for services from Angel Paws Pet Cremation that weren’t completed between July and September of this year. The combined loss for all 20 victims is over $4,700. Three victims received ashes that were supposed to be cremains of their pets but later discovered their pet’s deceased bodies remained intact at the business. Settle continued to operate his pet cremation business without the legal or physical ability to complete orders customers paid for. The business closed this past summer.

“These pet owners trusted this business to handle their pets’ remains with dignity and respect but instead were denied that consideration,” said DA Stephan. “The owner is being held accountable for his actions thanks to the hard work of our consumer protection prosecution team.”

Settle was taken into custody at his Temecula home on December 2 by deputies from the San Marcos Sheriff’s Station. The defendant waived extradition and was transported to San Diego County, where he was booked at the Vista Detention Facility on an outstanding arrest warrant.

The business’s abrupt closure in the summer caused significant distress to grieving pet owners who made multiple complaints to law enforcement. In court filings, prosecutors said power was cut off to the business during the summer because of non-payment, leaving some of the deceased animals unrefrigerated for extended periods. Settle continued to accept animals for cremation services despite the gas being shut off.

Settle’s permit from the San Diego County Air Pollution Control District to operate expired in March of 2024 and the permit retired in September of last year. Without a valid permit from the SDCAPCD, Settle did not have the legal or physical ability to operate the incinerator at the business.

Between September 24 and December 1 of this year, 46 Angel Paws customers contacted the San Diego County Sheriff’s Office in San Marcos to make a complaint regarding Angel Paws. Several of the Angel Paws customers are not included in victim list because their veterinary clinic outsourced cremations with Angel Paws. Angel Paws picked up several deceased pets from ABC Veterinary Hospital, Julian Pet Clinic, Pets Place Animal Hospital, and Santa Fe Pet Clinic, but never sent invoices for payment. Some pet owners received ashes back during the time Angel Paws was nonoperational, and some have still not received ashes or their pet’s body back.

The District Attorney’s Economic Crimes and Consumer Protection Division is responsible for prosecuting a wide variety of wrongdoing, including elder financial abuse, computer intrusion, complex identity theft, investment scams, embezzlements, real estate matters, counterfeit goods, environmental crimes and the theft of public assistance funds.

Deputy District Attorney Alexander Poyhonen is prosecuting this case.

 

DA Summer Stephan Shares Top Tips to Stop Porch Pirates | DA Weekly News 12-04-25

In this week’s DA News, District Attorney Summer Stephan shares essential tips to protect your packages, safeguard your home, and keep your deliveries out of the wrong hands. Learn how simple steps can help prevent theft and keep your holidays stress-free.

Police cars with lights on.

Person of Interest Named in Connection with Ongoing Investigation in Southcrest

Law enforcement has named Dwight William Rhone, 74, as a person of interest connected to an ongoing investigation at 3443 Newton Avenue in the Southcrest neighborhood of San Diego. On December 2, human remains were located at the property. A joint law enforcement investigation involving San Diego Police, CHP, FBI and the San Diego County District Attorney’s Office is ongoing. Rhone, who was a previous tenant at the Newton Avenue address, is currently in custody and is charged with the homicide of Bernardo Moreno. Anyone with information regarding Rhone’s potential involvement in additional crimes is asked to call the San Diego Police Homicide Unit at (619) 531-2293 or Crime Stoppers at (888) 580-8477.

On December 2, 2025, San Diego Police Cold Case/Missing Persons investigators and the San Diego County District Attorney’s Office assisted the California Highway Patrol and the Federal Bureau of Investigation in the service of a search warrant at the Newton Street address. C.H.P. Detectives had developed information leading investigators to suspect human remains were on the property. Due to the jurisdiction of the address being in the City of San Diego, San Diego Police Cold Case/Missing Persons detectives in conjunction with the San Diego County District Attorney’s Office will be investigating the circumstances of the remains recovered at the location. Detectives will be working with the San Diego County Medical Examiner’s Office to determine the identity of the remains and the cause of death.

There are no additional details on this case at this time. More information will be provided as it becomes available.

Prison Sentence for Man Convicted of Murdering His Ex-Girlfriend

San Diego County District Attorney Summer Stephan said today that 48-year-old Eduardo Magana has been sentenced to 15 years-to-life in prison for the murder of his former girlfriend, Alexis Berenice Guadarrama Orozco, 33.

Magana was convicted by a jury of second-degree murder in November.

At his trial, prosecutors laid out a timeline that showed the defendant met Guadarrama at the Star Motel in Otay Mesa on July 15. The defendant was later seen placing a large, heavy object in the trunk of his car in the early morning hours of July 16. At the same time, all communication from the victim to her friends and family stopped. Magana was arrested three days later in Bell Gardens, Calif. near Los Angeles.

Guadarrama’s body was never found and is believed to be in the Southern California area. DA Stephan and San Diego Police Chief Scott Wahl are asking for the public’s help locating it.

“Even though we have obtained a measure of justice with the murder conviction and today’s sentencing, true semblance of closure and dignity will come when the victim’s remains are returned to her grieving family,” DA Stephan said. “I am grateful to our prosecution team and the San Diego Police Department detectives who solved this case.”

Anyone with information on this case is asked to contact the San Diego Police Department’s Homicide Unit at 619-531-2293 or the Crime Stoppers anonymous tip line at (888) 580-8477.  Please visit www.sdcrimestoppers.org for information on how to send a web or mobile app tip.

While murder prosecutions where no body has been located are rare, hundreds of such convictions have occurred in the U.S. and here in San Diego County over the past several decades, thanks to advances in forensic science and digital evidence.

Deputy District Attorneys Justine Santiago and Jennifer Crampton prosecuted this case. Assistance on this case was also provided by the Los Angeles Police Department, Los Angeles County Sherriff’s Department, and the San Bernardino County Sherriff’s Department.

Second-Degree Murder Conviction for Defendant Who Killed Ex-Girlfriend

San Diego County District Attorney Summer Stephan said today that 48-year-old Eduardo Magana has been convicted by a jury of second-degree murder in the disappearance of his former girlfriend, Alexis Berenice Guadarrama Orozco, 33.

At his trial, prosecutors laid out a timeline that showed the defendant met Guadarrama at the Star Motel in Otay Mesa on July 15. The defendant was later seen placing a large, heavy object in the trunk of his car in the early morning hours of July 16. At the same time, all communication from the victim to her friends and family stopped. Magana was arrested three days later in Bell Gardens, CA near Los Angeles. He faces 15 years-to-life at his sentencing hearing on December 2.

Guadarrama’s body was never found and today it is believed to be in the Southern California area. DA Stephan and San Diego Police Chief Scott Wahl are asking for the public’s help locating it.

“While this killer is being held accountable for his crime and justice is being delivered, Alexis Berenice’s family and friends also deserve the closure of knowing her remains can be laid to rest,” DA Stephan said. “Investigators are not giving up and sometimes a tip that seems small or inconsequential can help lead law enforcement to a break in the case. The San Diego Police Department’s Homicide Unit has done an outstanding job investigating this murder and the dedicated prosecution team led by Deputy DAs Justine Santiago and Jennifer Crampton brought a just murder conviction. Now, our team is focused on bringing Alexis Berenice home. Let this case also be a warning that hiding the victim’s body will not deter us from pursuing justice and that jurors will still convict without a body in accordance with the law. The only thing killers prove by hiding the body is that their cruelty is at a greater level.”

 

“This case highlights the thorough investigative work by our homicide detectives who tirelessly pursued the truth for Alexis Berenice and her loved ones,” Chief Wahl said. “Even though the verdict brings justice, our work is not over. We need your help in finding her body so her family can have the peace they deserve and give her a proper burial. We are asking anyone who may have information to please come forward.”

Anyone with information on this case is asked to contact the San Diego Police Department’s Homicide Unit at (619) 531- 2293 or the Crime Stoppers anonymous tip line at (888) 580-8477. Please visit www.sdcrimestoppers.org for information on how to send a web or mobile app tip.

While murder prosecutions where no body has been located are rare, hundreds of such convictions have occurred in the U.S. over the past several decades, thanks to advances in forensic science and digital evidence. Deputy District Attorneys Justine Santiago and Jennifer Crampton prosecuted this case. Assistance on this case was also provided by the Los Angeles Police Department, Los Angeles County Sherriff’s Department, and the San Bernardino County Sherriff’s Department.