Wallace v. Springall CA2/6

Filed 8/29/13 Wallace v. Springall CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

GEOFFREY NOEL WALLACE, et al., 2d Civil No. B244286 (Super. Ct. No. 1371107) Plaintiffs and Respondents, (Santa Barbara County)

v.

PAM SPRINGALL,

Defendant and Appellant.

Pam Springall appeals from a judgment entered in favor of Geoffrey Wallace, respondent, following a court trial. The judgment awarded damages to respondent for appellant's breach of two contracts. The first contract is a promise to pay for care-taking; property management and wages. Appellant contends that respondent is barred from recovery because he was working as a general building contractor without the required contractors' license. Respondent argues that he was not required to have a general building contractors' license because he was appellant's employee. The second contract is an employment contract. Appellant contends that the trial court erroneously awarded respondent damages for future economic loss resulting from the breach of this contract. Appellant maintains that respondent's employment was at will and could be terminated at any time without cause. Respondent argues that appellant breached an implied-in-fact agreement that he could be discharged only for good cause.

We agree with respondent and affirm. Appellant has not demonstrated , as a matter of law, that the trial court's factual finding of an employer - employee relationship is erroneous. Similarly ,appellant has not demonstrated, as a matter of law, that the trial court's factual finding of a "good cause" for discharge is erroneous. Facts In her summary of the facts, appellant states that, because the trial court found her testimony to be " 'convoluted' " and " 'not credible,' " she has "elected to rely solely on the testimony of [respondent] and his witnesses." We do the same in our summary of the facts. The court found respondent to be "a very credible witness." It noted that his testimony was "consistent and believable" as well as "candid and frank in a 'blue-collar' manner." Respondent met appellant in 1989 when he was doing electrical work at 100 Miramar Avenue in Montecito (the property), which consisted of a main house and four cottages. Two of the cottages were rented, and two were vacant. Appellant told respondent that her mother, Annabel Ballard, was the owner of the property. Appellant hired respondent to be the property's caretaker. As compensation for his services, she allowed him to live in one of the vacant cottages at a reduced rent. Respondent continuously worked as caretaker for approximately 20 years. When appellant hired respondent, she was living in the main house on the property. A few months later, she moved to New Mexico. After her departure, the main house was not rented. From time to time, respondent would do work that was additional to his caretaking duties. This additional work included "[p]lumbing repairs, tree work, tree cleanup work from storms, water damage repairs, some electrical repairs, [and] dry rot repairs . . . ." For this additional work, either appellant or her mother would reimburse respondent for the cost of materials and pay him for his labor. Respondent was a licensed electrical contractor. He was not a licensed general building contractor. In 2004 respondent moved to Cottage D, a vacant cottage on the property. Before moving in, respondent spent about five months "fix[ing] it up." He paid for the labor and materials. Appellant later reimbursed him for some of the materials but not for the labor.