Executive Landscape Corp. v. San Vicente Country Villas IV Ass'n

*498 Opinion

Plaintiff Executive Landscape Corporation (Executive) appeals the judgment of dismissal entered after defendants’ (collectively, San Vicente) demurrer was sustained without leave to amend. The basis of the court’s ruling was that Executive failed to possess the license required under Business and Professions Code section 7031 1 at the time it entered into a written contract with San Vicente for the management and maintenance of the common areas of San Vicente’s condominium complex. We reverse.

Section 7031 provides a contractor cannot bring or maintain an action to recover for work performed unless he alleges and proves he was duly licensed at all times during performance. In denying recovery to unlicensed contractors courts have rationalized the harsh impact on some competent, but unlicensed, persons by deferring to the legislative determination that deterrence outweighs the cumulative effect of the penalty suffered by the contractor and the unjust enrichment obtained by the property owner. (Lewis & Queen v. N. M. Ball Sons (1957) 48 Cal.2d 141, 151 [ 308 P.2d 713 ].) Although unlicensed plaintiffs may obtain some relief from the blanket application of section 7031…