COMPLAINT: Stella Sparacino, San Diego

"I found a piece of porcelain in a toilet that was overflowing and chose Top Notch Plumbing [Escondido] because of its one-year guarantee.

"Without getting prior authorization, Gordon Retherford [owner] called a subcontractor to use a camera to diagnose the problem. I had no idea it would cost $250.

"He suggested I remove a palm tree to solve my root problem, but it's my neighbor's tree. Then Gordon replaced my toilet with a shorter one, and being a senior citizen with arthritis, this was a problem.

"I was also charged for snaking the toilet twice, but overflow still occurred."

DESIRED RESOLUTION:  "I would like Top Notch Plumbing to replace my toilet with a more efficient model without an additional service charge, applying the price for the current toilet against the purchase of its replacement."

RESPONSE:  Gordon Retherford, owner, Top Notch Plumbing

"This report has no bearing. I installed a highly efficient Kohler toilet. The bottom line is that the member has a root intrusion problem, which caused a broken sewer pipe.

"The best toilet in the world is not going to do its job if roots are in the line. To make this go away, I'm willing to install a customer-provided toilet, but the real solution to the problem is to replace the broken sewer pipe and remove the tree."

STATUS: Stalemate