Tellis

Tellis v. Contractors' State License Board

Good Law
2000 Cal. App. LEXIS 201·2000 Daily Journal DAR 3017·79 Cal. App. 4th 153·93 Cal. Rptr. 2d 734
Court of Appeal of CaliforniaFebruary 17, 2000E023997California3,880 words

Opinion

Opinion

Gaut, J.

This is an appeal by Cody Bryan Tellis, doing business as Cody Tellis Construction, from a judgment denying Tellis’s petition for a peremptory writ of mandate. Tellis’s writ petition sought review of the decision of the Registrar of the Contractors’ State License Board (Board), adopting an administrative judge’s decision finding that Tellis violated Business and Professions Code sections 7109 and 7113, based on 17 instances of substandard construction work committed during construction of a home.

Tellis contends the trial court erred in finding there was substantial evidence supporting the administrative judge’s decision. He claims the trial court misconstrued section 7109, and Tellis did not violate section 7113 because he was willing to repair the substandard work. He also argues that the cited instances of substandard work were minor in nature and were warranty matters which were not subject to section 7113.

We conclude there was sufficient evidence that Tellis committed violations of sections 7109 and 7113, and affirm the trial court judgment.

1. Facts and Procedural Background

Tellis entered into a contract with Rose and Paul Watson for the construction of the…

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