Nov 11, 2009 10:44 pm US/Pacific
Call Kurtis Investigates: Daycare Drama Pt 2
Daycare Has Change of Heart After Call Kurtis Investigation Airs
WEST SACRAMENTO (CBS13) ―
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When CBS13 went to the day care in September, the co-owner told us to get off her property and called police.
CBS
We showed you
the heated exchange between the co-owner of Southport Preschool and Daycare in West Sacramento and our producer.
The case was headed to small claims court, but then, something interesting happened.
Back in September when our crew came out to resolve a simple refund issue, Kristin Roca, co-owner of Southport Preschool and Daycare in West Sacramento, called the cops on us.
"You know what ma'am, I don't have time for this. Bye, please get off my property," Kristin said.
Let's rewind first. In late August, Marie and David Garcia paid the school $1,015 to enroll their one-year old daughter, Bailey.
"As soon as we walked in, we just had a good feeling. They seemed really nice, really personable," Marie said.
When they went home and looked over the contract, they noticed the school wasn't just closed for bank holidays but for two additional weeks each year -- something Marie and David say the school didn't tell them during their initial tour.
Because they couldn't afford to take that much time off to take care of Bailey, Marie 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," Marie said.
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," Marie said.
We went to Southport Preschool and Daycare and 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," Kristin said.
A CBS13 producer told her we wanted her side of the story but she waved to our camera, kicked us off her property and closed the door on us. But then after being told she didn't have time for this, she found some time to open the door once again.
"I've called the police," Kristin said.
Our crew told her, "We're on public property."
The cops showed up but naturally we broke no laws. Then we started investigating the daycare, learning the state has cited Southport Preschool and Daycare seven times since 2003.
"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."
Marie and David then sued the school in small claims court and we went on the air.
I told viewers, "Yeah this could've been a simple refund, but that didn't happen.... a date in small claims court is set for next month. We plan to be there."
And guess what? The next day, co-owner Willy Roca called them.
"He had said that Call Kurtis just made everything worse and had we not called you guys, we would've had our money already," Marie said.
"He was going to pay us but the Call Kurtis made it bad, for everybody and I'm thinking well, it didn't make it bad for us, we're trying to get our money," David said.
And they worked out a deal. A check in full for $1085, which covered some of the court fees, showed up in the mail.
"Excited... We were happy ... Yeah very happy," Marie and David said.
Written in the subject line "thanks for being impatient."
Marie and David went to Kristin's bank right away and cashed it.
"I felt great.... felt not like we won but that, you know, it was justice," David said.
"It felt good, it felt relieved that this is finally over," Marie said.
It's always a good idea to check out a daycare center, before enrolling your child. You can go to your regional office of social services and do that in person. There is no database online.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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