Jones

Plaintiff and cross-defendant Roy Brothers Drilling Company appeals from a judgment that it “take nothing by way of its Complaint” rendered after the motion of defendants and cross-complainants Robert E. Jones and Beverly A. Jones for summary judgment was granted.

The complaint sought recovery of $26,139.65 for services rendered in the construction of improvements upon real property of defendants at “agreed and reasonable” prices for various services described as “to drill and insert casing and related works of improvement.” Appellant’s opening brief states that said services were “in connection with the building of a residence in Malibu, California, to drill holes in connection with the foundation work of such residence.” As required, the complaint alleged that plaintiff was “duly licensed as a contractor under the laws of the State of California at all times herein mentioned during the performance of its contract with the Defendants.” In their answer, defendants denied this allegation and concurrently moved the court for a summary judgment based upon plaintiff’s lack of the required license.

In his declaration in support of the motion for summary judgment, defendant…