Call Kurtis

WEST SACRAMENTO (CBS13) ― This began as a simple Call Kurtis case but it's turned into a full investigation. A couple couldn't get a refund from Southport Preschool and Daycare in West Sacramento, and when we got involved, things got heated.

"You know what ma'am, I don't have time for this. Bye, please get off my property," says Kristin Roca, co-owner of Southport Preschool and Daycare in West Sacramento.

But that's not how things started when Marie and David Garcia first visited the home daycare in late August.

"As soon as we walked in, we just had a good feeling. They seemed really nice, really personable," says Marie, West Sacramento resident.

Marie and David considered enrolling their one year old daughter, Bailey. During their initial tour, Marie says they were told the school only closed for bank holidays, so that night...

"I went over and dropped off the deposit and picked up the contract," says David.

David and Marie paid the daycare $1,015 for the first month. But when they got home and looked over the contract, they noticed the school wasn't just closed for bank holidays but for two additional weeks each year. And on top of that, they'd have to pay Southport even though their daughter wasn't being watched during that time.

Marie and David couldn't afford to take that much time off to take care of Bailey, so they called to cancel the next day.

"They said that's fine, no hard feelings, we cashed your check today or we deposited your check today but as soon as it clears, we'll give you your money back within the week," says Marie.

But they never got that refund. Marie says one of the owners, Willy Roca, left a voicemail saying they had a verbal agreement and they just don't have the money to pay them back because enrollment is low.

"I was shocked, I couldn't believe it, you know, they don't have a contract with us," says Marie.

Marie and David then sent Southport a certified letter and never heard from the school again.

"It's rightfully ours, it's not theirs," says David.

We went to Southport Preschool and Daycare to speak with the owners.

Kristin told us, "They promised they were going to bring their kids here. I turned everybody else away."

Our producer asked about the misunderstanding with their vacation policy and the fact no contract was ever signed.

"Ma'am, you know what, I don't have time for this," says Kristin.

Our producer then tells her, "We are putting this story on the air."

Kristin responds, "That's fine" and waves to the camera.

Our producer says, "We want your side of the story."

Kristin says, "You know what ma'am, I don't have time for this. Bye, please get off my property, you're bothering me and my daycare."

So our producer walked away. But Kristin who didn't have time for us, evidently found some time to open the door again.

"I've called the police," says Kristin.

We tell her, "We're on public property."

We waited for them to show up. Naturally we didn't break any law. We were on a public street. The officer tells us, "I can't make you guys leave obviously. That's kind of what they're wanting."

He then explained that to Kristin. That same day, she calls us and admits she owes the money but she still never refunded the money.

We did some digging and found out from the state that Southport Preschool and Daycare has received seven substantiated citations since 2003.

Among them:

"Licensee used unauthorized medical treatment on a daycare child causing burns to his elbow and hand..."

And "licensee's husband inappropriately grabbing children and verbally intimidated children."

But Social Services tells us the school has been in compliance for the past eight months.

Marie and David are now taking their case to small claims.

"It's just ridiculous. We don't understand how people could think they could do this," says Marie.

More than a week after that police incident, we called Willy and Kristin Roca but they hung up on us. A date in small claims court is set for early next month.

We will be there.

If you want to check out a daycare, we found out there's no database online. You have go down to your regional office in person. This is public information.

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