Rezai

Montgomery Sansome v. Rezai

Good Law
139 Cal. Rptr. 3d 181·2012 Cal. App. LEXIS 354·204 Cal. App. 4th 786·2012 WL 1021079
Court of Appeal of CaliforniaMarch 28, 2012Nos. A130272, A130694California6,127 words

Opinion

Lead Opinion

Haerle, J.

I. INTRODUCTION

Plaintiff and appellant Montgomery Sansome LP (plaintiff), a limited partnership, appeals after the trial court granted summary judgment in favor of defendants and respondents Zhian Z. Rezai and Jacklyn J. Rezai (individually and as trustees of the Zhian Z. Rezai and Jacklyn Jordan Rezai Revocable Trust) (collectively, defendants) on plaintiff’s complaint seeking payment for repair work performed at a building owned by defendants. The trial court ruled that, under Business and Professions Code section 7031, 1 plaintiff could not recover from defendants because the business entity that contracted with defendants was Montgomery Sansome Ltd. LP, a general partnership that did not have a contractor’s license. In two appeals, which we consolidáted pursuant to the parties’ stipulation, plaintiff challenges (1) the judgment and a subsequent order denying a new trial (No. A130272) and (2) the court’s award of attorney fees to defendants (No. A130694). Because we conclude summary judgment was erroneously granted, we reverse the judgment and the fee award.

*789 II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Montgomery Sansome Business Filings

On July 25, 1997,…

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