People v. Taurianen, Docket No. 45140

• Decision Date: 21 November 1980
• Docket Number: Docket No. 45140
• Citation: 300 N.W.2d 720,102 Mich.App. 17
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Charles W. TAURIANEN, John W. Paluzzi, Jr., and Demetrios Hatsios, Defendants-Appellees. 102 Mich.App. 17, 300 N.W.2d 720
• Court: Court of Appeal of Michigan — District of US

Page 720

300 N.W.2d 720

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Charles W. TAURIANEN, John W. Paluzzi, Jr., and Demetrios Hatsios, Defendants-Appellees.

Docket No. 45140.

102 Mich.App. 17, 300 N.W.2d 720

Court of Appeals of Michigan.

Nov. 21, 1980.

Released for Publication Jan. 29, 1981.

[102 MICHAPP 20] Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., E. Reilly Wilson, Appellate Chief, Asst. Pros. Atty., Don W. Atkins, Asst. Pros. Atty., for plaintiff-appellant.

Lawrence Warren, Southfield, for Taurianen.

Ivan E. Barris, Detroit, for Paluzzi.

George V. Cartsos, Detroit, for Hatsios.

Before GILLIS, P. J., and KAUFMAN and MAHER, JJ.

PER CURIAM.

The defendants, Charles W. Taurianen, John W. Paluzzi, Jr., and Demetrios Hatsios, were charged with one count of conspiracy to obtain money by false pretenses, M.C.L. § 750.157a; M.S.A. § 28.354(1) (Count I), and three counts of obtaining money by false pretenses, M.C.L. § 750.218; M.S.A. § 28.415 (Counts II, III, and IV). After a preliminary examination in Detroit Recorder's Court, the three defendants were bound over for trial on all charges. On April 16, 1979, pretrial motions were heard and, on April 27, 1979, the trial judge ordered Count I, conspiracy to obtain money by false pretenses, quashed as to all defendants. Defendant Taurianen was ordered to stand trial on Counts II, III, and IV; defendant Paluzzi was ordered to stand trial on Counts II and IV, and defendant Hatsios was ordered to stand trial on Counts II and III.

After entering the order on defendants' motion to quash, the trial judge accepted pleas of nolo contendere on the remaining counts. The prosecutor objected on the record. On May 5, 1979, [102 MICHAPP 21] defendant Taurianen was sentenced to two years probation, a $1,500 fine and $100 in court costs. Defendants Paluzzi and Hatsios each received two years probation, $2,500 fines and $100 court costs. The People appeal as a matter of right pursuant to GCR 1963, 806.1.

The issue on appeal is whether the trial court erred in partially granting defendants' motion to quash the information. The People argue that there was sufficient evidence presented at the preliminary examination to justify the binding over of the defendants on all of the counts charged.

In order to understand the issue being raised in this appeal, a recitation of the facts in this case is necessary.

All of the defendants were charged with obtaining money by false pretenses from Sharon Walker, whose married name was Sharon Jackson. It was by the name Jackson that she was known by the insuring subsidiary of the Automobile Association of America by which she was insured (hereinafter AAA), and that was the name she used, followed by the name "Walker" in parentheses in her signature. Ms. Jackson damaged her automobile in an accident on March 4, 1976. She reported the accident to her insurance company, AAA, and brought her car to New Center Collision, a Michigan corporation, for repairs. While at New Center Collision, she spoke to defendant Paluzzi, who, with defendant Hatsios, managed the corporation. She stated that she received neither an estimate nor a list of damages. Jackson left her car at New Center Collision and paid the $100 deductible required by her insurance policy.

Defendant Charles Taurianen, a senior claims adjustor for AAA, signed an AAA damage estimate[102 MICHAPP 22] on Jackson's car and drew a check payable to Sharon Jackson and New Center Collision on behalf of AAA. This check was endorsed by both defendant Hatsios and defendant Paluzzi. Although the check was endorsed by Sharon Jackson, Ms. Jackson testified that she did not sign the check, and that, if she had, she would have included "Walker" after her married name.

AAA claims examiner Donald Marble testified that he inspected Jackson's automobile and stated that, although the front bumper, horizontal pad, and reinforcement appeared on the estimate as being damaged, he found no evidence of damage to them. Additionally, Mr. Marble testified that numerous other repairs called for in the estimate had either not been made in the manner specified or had not been done at all. Mr. Marble testified that an overcharge of $1,298 had been made on the $1,819 estimate given by defendant Taurianen.

The trial court, in its opinion quashing certain counts in the information, determined that Count II, obtaining money by false pretenses, pertained to the Jackson transaction. The trial court stated that, since both defendant Hatsios and defendant Paluzzi endorsed the check at a time when it must have contained the false signature of Ms. Jackson, both would be bound over on Count II.

All the defendants were charged with obtaining money by false pretenses from Delores Bullock. Bullock testified that she damaged the left side of her car in May of 1978. After reporting the accident to her insurance company, she took the car to New Center Collision. She stated that, although she received no estimate, she paid the $100 deductible required by her insurance policy. Her car was at New Center Collision for one week. Defendant Charles Taurianen prepared the estimate on Bullock's[102 MICHAPP 23] car. A Mr. Hopp authorized a check payable to Delores Bullock and New Center Collision based on the Taurianen estimate. The check was endorsed by defendant Hatsios and by Delores Bullock and was deposited in New Center Collision's bank account. Bullock testified that she never authorized anyone to sign her name on the check and that the signature was not hers. AAA material damage specialist Walter Trembal reinspected Bullock's automobile, finding that the estimate prepared by defendant Taurianen required replacement of many parts which were never damaged and did not need replacing. These items included: the rear bumper, rear bumper reinforcement, rear bumper left isolator, left door panel, left door remote control mirror, left door glass, left front fender, lower left front fender extensions, front bumper cover, left taillight housing, lens and applique. Trembal made two inspections: the first indicated that there was an overcharge of $1,107 and the second indicated an overcharge of $1,405. Trembal stated that he had made the second inspection because the original inspection had been made in the dark in an automobile garage. The second inspection was made after it was determined that AAA would depose the insured, Ms. Bullock. It was Mr. Trembal's opinion at the preliminary examination that the estimate made by defendant Taurianen was "terribly, terribly inflated". The trial court determined that Count III of the information referred to the Bullock transaction. The trial court stated that, since defendant Paluzzi did not endorse the check at the time that it contained the false signature of Ms. Bullock, the defendant should be dropped from Count III.

All the defendants were charged with obtaining money by false pretenses from Dorothy Roquemore.[102 MICHAPP 24] At the preliminary examination, Roquemore testified that in January of 1978 she was involved in an automobile accident. She stated that her car received damage to the left front fender, driver's side door and the rear left quarter-panel. The right side of the car had a scratch on it from a previous accident. Ms. Roquemore did not report the accident to AAA, her insurer, until after she received an estimate from New Center Collision. Roquemore stated that she went to New Center Collision because it had a reputation for giving a loan. Ms. Roquemore stated that, at a later visit to New Center, she spoke with one of the owners of the shop, defendant Paluzzi. Roquemore testified that she decided to report the accident to AAA after Paluzzi told her that even if she didn't report the accident to her insurance company, her insurance would still go up. Roquemore left her car at New Center Collision for ten days. When she picked it up, it was not completely repaired. The striping had not been put back on the side of the car; the paint job was not right and there was debris in the trunk. She took her car to two other repair shops, but neither shop repaired her car.

Roquemore received a written estimate which was signed by Charles Taurianen. She testified that she never paid the $50 deductible required by her insurance policy to New Center Collision. A check payable to Dorothy Roquemore and New Center Collision was drawn by Charles Taurianen on behalf of AAA. The check was endorsed by the defendant Paluzzi on behalf of New Center Collision and deposited in the corporate bank account. The check was also endorsed with the name of Dorothy Roquemore, but she stated that she never endorsed the check.

Walter Quick, a AAA claims examiner, reinspected[102 MICHAPP 25] Roquemore's automobile. Mr. Quick testified that the estimate called for replacement of a front bumper with a rechromed bumper, which was not performed. The left front fender and reinforcement were not replaced as called for by the estimate. Mr. Quick testified that the left front fender had been repaired. In Mr. Quick's opinion, the wheelhouse panel did not appear to have been repaired. Mr. Quick testified that the estimate called for a new door, but he could not find evidence that the door on the car had been removed. The left quarter-panel was not replaced but was only repaired. In the opinion of Mr. Quick, the work to be done on the right rear quarter-panel was not performed. Mr. Quick testified that, based on his inspection of the car and the AAA estimate, he determined that there was an overcharge of $1,035.38. Mr. Quick testified that he thought the estimate was inflated. The trial court stated that Count IV applied to the Dorothy Roquemore transaction. The trial court held that, since the check was not endorsed by defendant Hatsios at a time when the check bore the false signature of Dorothy Roquemore, defendant Hatsios should be dropped from Count IV.

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