Kirman v. Borzage

BISHOP, J. pro tem.

Plaintiffs are disappointed in the amount of their judgment; they sued for the principal sum of $3,679.61 and have appealed because they claim that the judgment which was entered, one for $2,000, is for a sum less than that required by the evidence. The defendant also has ap

[158]

pealed, her contention being that it was error to render judgment in the plaintiffs’ favor for any amount. We find ourselves in agreement with defendant’s contention.

Plaintiffs alleged and proved that they were a copartnership, engaged in the plumbing business. They alleged and proved that on the 3rd day of September, 1941, they entered into a contract with the defendant by which they undertook to furnish the labor and material necessary to perform, and they did perform, rather extensive plumbing work in connection with a house, garage, swimming pool, and other places on her property. But they neither alleged nor proved that they had a license from the State of California to engage in the business or act in the capacity of a contractor. Plaintiffs were plainly a “contractor,” within the purview of section 7026, of the Business and Professions Code, and they acted in the capacity of a contractor in undertaking to do and in doing the work for which they seek compensation. It was unlawful, therefore, for plaintiffs to do the work, if they were unlicensed (Bus. & Prof. Code, § 7028), and so long as they fail to allege and prove that they had a license, they are precluded from a judgment in this action by the provisions of section 7031, Business and Professions Code, which reads: “No person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action in any court of this State for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging and proving that he was a duly licensed contractor at all times during the performance of such act or contract.”

(Phillips

v.

McIntosh

(1942), 51 Cal.App.2d 340 [124 P.2d 835]; and see

Alvarado

v.

Davis