Judge Orders Gas Station to Shut Down

A judge Friday ordered two brothers accused of defrauding customers at their La Habra service station to stop selling gas.

Orange County Superior Court Judge Nancy Wieben Stock issued a preliminary injunction against D & H Gas 2, owned by Hussein Berri and David Berri, said Senior Deputy Dist. Atty. Jane L. Shade.

The dealership, located at 619 E. La Habra Blvd., was featured in two recent NBC television exposes for allegedly delivering less gas to customers than was shown on pump meters.

The Berris could not be reached for comment Friday.

Shade said an investigation was conducted in May and June by the state Division of Measurement Standards. In a series of five undercover purchases, investigators found that each gasoline purchase was 8% to 10% less than shown on the meter on the face of the gas pump.

But when other investigators arrived in marked county vehicles and identified themselves as inspectors, gas was delivered in accurate amounts, Shade said. She declined to say how workers in the service station were able to adjust the pumps.

“It’s an ongoing case, so it would be inappropriate for me to comment,” Shade said.

The judge said she would stay the order and allow them to sell gasoline if the defendants comply with other orders to allow inspection of the premises and business records, as well as to allow seizure of the electronic panels that operate the gas pumps.

The preliminary injunction resulted from a lawsuit filed by the district attorney’s office that alleges customers were being charged for gas they didn’t receive, and that the defendants made false or deceptive representations about the quantities of gas they were selling.

The station was an Arco dealership until the state began its investigation. At that time, the company severed its relationship with the Berris.