Donaldson
Donaldson v. Abot
Opinion
Lead Opinion
Agliano, J.
I
Plaintiffs Frank and Patricia Donaldson appeal from a judgment after court trial awarding defendant Jacques Abot, 1 doing business as French Car Service, $5,180.14 for repairs to plaintiffs’ 1973 Citroen Maserati. We will reverse, finding dispositive defendant’s failure to provide an initial written estimate in violation of Business and Professions Code section 9884.9.
II
Facts
“We review the evidence on appeal in favor of the prevailing party, resolving conflicts and drawing reasonable inferences in support of the judgment. [Citations.]” (Claussen v. First American Title Guaranty Co. (1986) 186 Cal.App.3d 429, 431 [ 230 Cal.Rptr. 749 ].)
Prior to going into business as French Car Service, defendant worked for Western Hemispheres, and while there twice repaired plaintiffs’ car in July *819 and November 1980. Neither time did plaintiffs sign the repair orders, which presumably were orally authorized.
In either November 1981, according to plaintiff Frank Donaldson (Donaldson), or April 1982, according to defendant, Donaldson called Western Hemispheres about transmission repair and was referred to defendant, doing business in Santa Cruz County as French Car Service.…