Panasonic Corporation of North America v. Powertree Services, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PANASONIC CORPORATION OF Case No. 21-cv-01012-VC
NORTH AMERICA,
Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: Dkt. No. 16 POWERTREE SERVICES, INC., et al., Defendants.
Panasonic’s claims against the three defendants arise from a contract (the EPC Contract) that the four parties entered into to build solar generation arrays, electric vehicle charging stations, and energy storage solutions at multi-tenant buildings around the Bay Area. The defendants moved to dismiss on the ground that Panasonic’s claims are barred by the California Contractors’ State License Law. This law bars anyone “engaged in the business or acting in the capacity of a contractor” from suing to recover “compensation for the performance of any act or contract where a license is required . . . without alleging that they were a duly licensed contractor at all times during the performance of that act or contract.” Cal. Bus. & Prof. Code § 7031(a). Panasonic does not allege in its complaint (or claim in its briefing) that it was licensed while performing its duties under the EPC Contract. Rather, Panasonic asserts that it…