Hopkins

Contractors' State License Board (Board) appeals from a judgment issuing a writ of mandate commanding the Board to vacate and set aside its decision revoking the contractor’s licenses of Hopkins and Kyker.

Facts

Hopkins held a general contractor’s license. Respondent Kyker held a general contractor’s license under which Hopkins furnished the qualifying experience as the responsible managing employee of Kyker.

On January 8, 1962, Hopkins, upon his voluntary petition, was adjudged a bankrupt by the IT. S. District Court for the Southern District of California. On January 22, 1963, an accusation was filed charging Hopkins with violation of Business and Professions Code, section 7113.5. The specific act of violation charged was the adjudication of bankruptcy.

A hearing upon the accusation was held on April 22, 1963. The bankruptcy schedules listing Hopkins’ debts were received in evidence.

It was inferable from the bankruptcy schedules that it was established at the hearing on the accusation that a substantial portion of the liabilities from which petitioner Hopkins sought to be discharged in the bankruptcy proceedings represented amounts owed by him for labor, supplies and…