California Pools, Inc. v. Pazargad

Opinion

HASTINGS, J.

This is an appeal from a judgment on a complaint and cross-complaint for breach of contract. The matter is here on transfer from the appellate department of the superior court. (Cal. Rules of Court, rule 62(a).)

The contract in question involved the construction of an outdoor rock spa. According to the settled statement on appeal, respondent called a single witness whose testimony established that the parties entered into a written contract for construction of the spa. The contract price was $12,500, including an initial down payment of $500. There was a written modification of the contract respecting time of completion, which was signed by all parties, and which did not affect the contract price. Appellants made the required down payment, plus an additional payment of $5,500. Respondent’s witness testified that respondent satisfactorily completed its obligations under the contract, that the spa was operational, that he saw one of the appellants using it, and that there remained a balance owing on the contract of $6,500.

[604]

Appellants testified to various defects and inadequacies of the spa. Evidence was introduced to establish that appellants had paid $187 to an electrician to rewire the electrical hookup for the spa and $600 to another craftsman to repair leaks in the spa. There was additional testimony regarding a continuing problem with the pump priming. An electrician for the Los Angeles County Engineering Department testified that he had “finalled all of the electrical and the entire spa on behalf of the county,” and that the spa was built to county code specifications. The trial court awarded respondent damages of $6,500 on its complaint, plus $750 in attorney’s fees. The trial court awarded appellants $1,000 on their cross-complaint, based on defects in the spa. No award of attorney’s fees was made on the cross-complaint.

Appellants contend that the contract failed to comply with the statutes regulating swimming pool construction contracts (former Civ. Code, § 1725 et seq., currently Bus. & Prof. Code, § 7165 et seq.),

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and that it therefore was void and unenforceable as a matter of public policy. (Former Civ. Code, § 1735.)