G. E. Hetrick & Associates, Inc. v. Summit Construction & Maintenance Co.

Plaintiff and appellant G. E. Hetrick & Associates, Inc. (Hetrick, Inc.) appeals from a summary judgment entered against it and in favor of defendant and respondent Summit Construction & Maintenance Co., Inc. (Summit), defendant and respondent Ohio Casualty Insurance Company (Insurer), and defendants and respondents American Private Power, Inc. (APPI), American Private Power Ventures (APPV), and WCO Port Properties, Ltd. (WCO) (collectively, the APP defendants). Hetrick, Inc. brought this action for nonpayment for its work as a subcontractor on a power plant project for the Queen Mary and Spruce Goose tourist attractions in Long Beach. The action was brought against the owner, general contractor, and surety bond company. Defendants obtained summary judgment on the ground that Hetrick, Inc. was an unlicensed contractor at all times material to the action and is barred from litigating under Business and Professions Code section 7031. As to Hetrick, Inc.’s appeal from the judgment in favor of Insurer, we reverse. As to Hetrick, Inc.’s appeal from the judgment in favor of Summit and the APP defendants, we treat the appeal as a petition for writ of mandate and grant the…