Scientific Cages, Inc. v. Banks

[887]

Opinion

WIENER, J.—

Plaintiff appeals from a judgment of dismissal following an order sustaining defendants’ demurrer without leave to amend. The basis for the court’s ruling was the failure of Scientific Cages, Inc. (Scientific) to allege it was licensed as a contractor as required by Business and Professions Code section 7031.

1

We decide the omission of this allegation is not determinative, for Scientific at this stage of the pleadings falls within the exception provided for in Business and Professions Code section 7045,

2

and, accordingly, reverse the judgment.

Plaintiff sues Wanda Banks as contractor and Balboa Insurance Co., as surety, for the sum of $49,000, plus interest and attorney fees relating to a public work on the University of California, located at La Jolla. The amended complaint alleges the plaintiff was not paid for dog runs, entry doors and resting boards it manufactured and delivered under a written subcontract agreement between it and the defendant Wanda Banks. Plaintiff specifically alleges it did not install or contract for the installation of the materials.

We examine the sole issue on appeal mindful of the following rules: (1) In assessing the sufficiency of plaintiff’s amended complaint against a general demurrer, the demurrer admits all material parts properly pleaded

(Scott

v.

City of Indian

Wells, 6 Cal.3d 541, 549 [99 Cal.Rptr. 745, 492 P.2d 1137]) and (2) the allegations must be liberally construed to attain substantial justice.

(Youngman

v.

Nevada Irrigation Dist.,

70 Cal.2d 240, 244-245 [74 Cal.Rptr. 398, 449 P.2d 462].)

The licensing requirement of Business and Professions Code section 7031 was enacted to protect the public from risks attendant to