Opp

This is an appeal from judgment against plaintiff and appellant William Opp (hereafter appellant). Judgment was entered after the court granted a motion for summary judgment filed by defendant and respondent St. Paul Fire & Marine Insurance Company (hereafter respondent). We affirm the judgment.

Facts and Procedural History

Appellant was at all relevant times a California licensed building contractor. Appellant was also president of Mountain Connection, Inc., a Montana corporation (hereafter MCI). MCI did not hold a California building contractor’s license. On July 14, 2003, as president of MCI, appellant executed a subcontract with Mauldin-Dorfmeier, the general contractor for work at California State University, Stanislaus. Appellant inserted his individual contractor’s license number where the various contract documents called for a license number.

Prior to paying its subcontractors, Mauldin-Dorfmeier filed for bankruptcy. Respondent had issued a payment bond on behalf of Mauldin-Dorfmeier. MCI sued respondent under the payment bond. When respondent asserted that MCI was unlicensed, appellant filed a first amended complaint substituting as plaintiff “William Opp dba…