Rosson

Rosson v. Carr CA2/6

Good Law
Court of Appeal of CaliforniaAugust 21, 2024B331979California1,607 words

Opinion

Opinion

Baltodano, J.

DISCUSSION

Standard of review “ ‘When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action.’ ” (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126.) “[T]he trial court may consider all material facts pleaded in the complaint and those arising by reasonable implication therefrom; it may not consider contentions, deductions or conclusions of fact or law.” (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1469.) We review an order sustaining a demurrer de novo (McCall v. PacifiCare of Cal., Inc. (2001) 25 Cal.4th 412, 415) and review the denial of leave to amend for abuse of discretion (McKell, at p. 1469). Contractor’s license law Rosson contends the court erred in concluding that his lawsuit was barred because he was not a licensed contractor. We disagree. Contractors require a license. (§§ 7028, subd. (a)(1), 7065.) A “contractor” is synonymous with a “builder” and includes any person who “does . . . construct, alter, repair, add to, subtract from, [or] improve . . . any building.” (§ 7026.) Rosson maintains that he provided approximately $400,000 worth of labor and materials to improve Carr’s…

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