Phx. Mech. Pipeline, Inc. v. Space Exploration Techs. Corp.

*844 Plaintiff and appellant Phoenix Mechanical Pipeline, Inc. (Phoenix Pipeline), appeals from a judgment entered after the trial court sustained the demurrer of defendant and respondent Space Exploration Technologies Corp. (SpaceX) without leave to amend. The trial court found that Phoenix Pipeline could not pursue its claims for payment for construction and related services against SpaceX because Phoenix Pipeline failed to allege that it had a contractor's license. After several attempts to cure this defect, the trial court concluded that Phoenix Pipeline could not amend to comply with the licensing requirement, and therefore sustained SpaceX's demurrer to Phoenix Pipeline's second amended complaint (SAC) without leave to amend.

Business and Professions Code section 7031, subdivision (a) requires a contractor's license to maintain an action for compensation for services for which a contractor's license is necessary. 1 The SAC does not allege that Phoenix Pipeline has such a license, and Phoenix Pipeline does not claim on appeal that it is licensed. Rather, Phoenix Pipeline asserts a variety of reasons why it need not be licensed to pursue this litigation. Phoenix Pipeline…