Felix

Felix v. Zlotoff

Good Law
153 Cal. Rptr. 301·1979 Cal. App. LEXIS 1461·90 Cal. App. 3d 155
Court of Appeal of CaliforniaMarch 6, 1979Civ. 16804California2,688 words

Opinion

Opinion

Staniforth, J.

Plaintiff George T. Felix (Felix) appeals from an order dismissing his complaint after the trial court sustained defendant Morty ZlotofPs (Zlotoff) demurrer without leave to amend. Felix, a licensed building designer, alleged in alternating pleading counts breach of implied contract (count one), of oral contract (count two), and of an unsigned written contract (count three). He claims he prepared, at the request of Zlotoff preliminary plans and specifications for 37 condominium units and alleges their reasonable value to be $17,000 for which he has not been paid. The contract is attached as exhibit A to the complaint. It is unsigned and does not bear the registration number of a licensed building designer.

ZlotofFs general demurrer was grounded upon Business and Professions Code section 5536.1, subdivision (b), which provides: “All persons preparing plans, specifications, and instruments of service for others shall sign such plans, specifications, and other instruments of service and all contracts therefor, and if certified or registered under this chapter shall note their certificate or registered number. Failure of any person to comply with this subdivision is a…

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