Gonzales v. Concord Gardens Mobile Home Park, Ltd.

Plaintiff Herman Gonzales was a contractor, licensed by the Contractors’ State License Board under the provisions of the Contractors License Law found in Business and Professions Code sections 7000-7161. He commenced an action against defendant Concord Gardens Mobile Home Park, Ltd. (Concord Gardens), and others, to recover money owed him for services as such a contractor. Its first count sought to establish and foreclose a mechanic’s lien; its second was for the reasonable value of materials and labor furnished “at the special instance and request of defendant . . . .” The first cause of action was dismissed for reasons unrelated to this appeal, but on the second count the contractor recovered judgment for $7,349.19. Concord Gardens alone has appealed from the judgment.

I.

Concord Gardens first contends: “The court erred by not dismissing the second cause of action for failure to comply with Business and Professions Code section 7018.”

Business and Professions Code section 7018 provides: “On or before June 30, 1966, the board shall prescribe a form entitled ‘Notice’ which shall describe the pertinent provisions of this state’s lien laws. Each contractor licensed under…