Beach v. Contractors State License Board

DORAN, J.

On November 3, 1955, the Contractors State License Board found that appellant, Manly L. Beach, a building contractor, had violated sections 7107, 7112, 7113 and 7120 of the Business and Professions Code, and revoked appellant’s general contracting license. Thereafter, Beach filed in the superior court a petition for a writ of mandate to compel the respondent board and its members to set aside the order of revocation and reinstate appellant as a licensed contractor.

On March 2 and 5,1956, the superior court heard the matter and found that the weight of the evidence supported the findings of the respondent board, that appellant had received a fair trial before the hearing officer, and that there had been no abuse of discretion. The peremptory writ of mandate was denied and the alternative writ discharged. This appeal followed.

The sections of the Business and Professions Code which appellant was found to have violated included section 7107, “Abandonment without legal excuse of any construction project” ; section 7112, relating to “Misrepresentation of a material fact by an applicant in obtaining a license”; section 7113, “Failure in a material respect ... to complete any construction project or operation for the price stated,” etc.; and section 7120, “Wilful or deliberate failure ... to pay any moneys, when due for any materials or services.”

It is appellant’s contention that “The weight of the evidence

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does not support the findings of the hearing officer”; that 11 There is no substantial evidence to support the findings of the trial court”; and that “There was a prejudicial abuse of discretion of the trial court.”

The record discloses evidence to the effect that in November, 1953, appellant commenced work on a residence in La Crescenta under a written contract with Mr. and Mrs. E. E. Hall, at a total price of $11,500. The house was to be “completed in not more than one-hundred and fifty days, ’ ’ which would bring the completion date in April, 1954.

In early 1954, after having been informed by Mr. Hall of the danger, appellant permitted rain and moisture to enter the open structure, resulting in damage to cabinets, walls and ceilings. In April, 1954, the appellant sent Hall an “invoice” for “extras,” totaling more than $900. The house was still incomplete and Hall had already paid Manly $11,459.30, but then agreed to pay an additional $474 for the so-called extras, plus $196 as an inducement to appellant to complete the construction.