Mazur
Building Permit Consultants, Inc. v. Mazur
Opinion
lead Opinion
Croskey, J.
*1404 Opinion
The appellant, Building Permit Consultants, Inc. (BPC), appeals from a judgment entered after the defendants’ several demurrers to the first amended complaint (hereafter, FAC) were all sustained without leave to amend. Among other things, the trial court concluded that BPC’s multiple claims allegedly arose from, and were based upon, a voidable contract to provide public insurance adjuster services that were regulated and licensed by the Department of Insurance pursuant to Insurance Code sections 15006, 15007 and 15008. 1 Since BPC did not (and, in fact, could not) allege that it possessed the required license, and that failure had been raised and asserted as a defense to the enforcement of BPC’s contract, the trial court concluded that the contract was void and all of the claims alleged by BPC necessarily failed.
After a review of the contract, which was attached as an exhibit to BPC’s FAC, and the relevant Insurance Code provisions, we are satisfied that the trial court properly sustained the defendants’ demurrers. We therefore will affirm the judgment.