Serrano

Business and Professions Code section 7031, subdivision (a) precludes an unlicensed contractor from filing suit “for the collection of compensation for the performance of any act or contract where a license is required.” (Unspecified statutory references that follow are to the Business and Professions Code.)

When plaintiff Banis Restaurant Design, Inc., filed suit against defendants Borgata Serrano (Serrano) and Bank of America to recover the unpaid balance on a contract, defendants responded by filing a demurrer, asserting in part that plaintiff was not a licensed contractor and therefore was barred from seeking relief. The trial court agreed and sustained the demurrer without leave to amend.

On appeal from the ensuing judgment of dismissal, plaintiff contends that the court should have permitted amendment of its complaint to allege facts demonstrating that the absolute bar of section 7031 did not apply. We conclude any such allegations would have contradicted plaintiff’s original pleadings, and therefore affirm the judgment.

Standard of Review

“A demurrer tests the sufficiency of a complaint and admits all facts properly pleaded.” (Setliff v. E.I. Du Pont de Nemours…