Domach

Domach v. Spencer

Good Law
101 Cal. App. 3d 308·161 Cal. Rptr. 459·1980 Cal. App. LEXIS 1397
Court of Appeal of CaliforniaJanuary 23, 1980Civ. 18343California1,840 words

Opinion

Opinion

Reynoso, J.

Defendant’s major contention is that the trial court made an incomplete finding on the issue of whether he was a licensed contractor; he also argues that the evidence does not support the judgment. We hold that while Business and Professions Code section 7031 bars an unlicensed contractor from maintaining an action on the building contract, it does not bar a member of the public from bringing such an action against the contractor. Thus, it is irrelevant whether defendant was a licensed contractor, and the court was not required to make a finding thereon. Further, we find sufficient evidence to support the judgment otherwise. Accordingly, we affirm.

Defendant Robert G. Spencer appeals from a judgment of the Superior Court of Placer County in favor of plaintiffs James J. and Mary Dale Domach in the amount of $10,276. Plaintiffs sued defendants Robert G. Spencer, Lavella Spencer, Alvin A. Chestnut, Chisum, Inc., C-B Ranch, and five fictitious defendants.

The fourth cause of action, the subject of this appeal, was stated against defendants Spencer and Chisum, Inc., only. In that cause of action plaintiffs alleged that they had entered into a contract with defendants whereby…

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