Alatriste

Alatriste v. Cesar's Exterior Designs, Inc.

Good Law
108 Cal. Rptr. 3d 277·183 Cal. App. 4th 656·2010 Cal. App. LEXIS 470
Court of Appeal of CaliforniaApril 6, 2010D054761California6,173 words

Opinion

Opinion

Haller, J.

Esaul Alatriste paid Cesar’s Exterior Designs, Inc. (Cesar’s Designs), $57,500 for landscaping work at his home. Alatriste then sued Cesar’s Designs seeking reimbursement of the $57,500 under the statute allowing a party to recover “all compensation paid to [an] unlicensed contractor.” (Bus. & Prof. Code, § 7031, subd. (b).) Alatriste successfully moved for summary adjudication on this claim. After Alatriste dismissed his remaining claims, the court entered judgment in Alatriste’s favor for $57,500 plus interest and costs.

Cesar’s Designs concedes it was unlicensed when it began the landscape work, but contends the court erred in granting summary adjudication because it presented facts supporting its defenses and/or offsets to Alatriste’s section 7031(b) claim. This contention is without merit. The proffered facts do not support a viable defense or offset to Alatriste’s reimbursement claim under section 7031(b). Specifically, we hold that (1) Alatriste’s prior knowledge of Cesar’s Designs’s unlicensed status does not bar his section 7031(b) reimbursement claim; (2) Alatriste is entitled to recover the total amount paid even though Cesar’s Designs was licensed during a…

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