Cosenza

Dr. Barry Kramer appeals from a judgment in favor of James Cosenza arising from Cosenza’s performance of roofing work on Kramer’s residence, which was completed in February of 1978. When Kramer refused to pay Cosenza the balance owing of $1,450, Cosenza, on September 21, 1978, sued Kramer in municipal court. Kramer filed a cross-complaint for breach of contract and fraud alleging damages in excess of the jurisdiction of the municipal court, which required the case to be transferred to the superior court. After trial, a judgment was entered in favor of Cosenza on the complaint and against Kramer on the cross-complaint.

Kramer’s appeal is on a partial clerk’s transcript. He contends that the evidence established his entitlement to judgment as a matter of law. This contention is not cognizable on an appeal on a partial clerk’s transcript; the evidence is conclusively presumed to support the judgment. (Ford v. State of California (1981) 116 Cal.App.3d 507, 513 [ 172 Cal.Rptr. 162 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, §§ 240, 400, pp. 4232, 4368.)

Kramer also claims that he was entitled to judgment because Cosenza failed to plead and prove that he was a licensed…