West Coast Home Improvement Co. v. Contractors' State License Board

WHITE, J. In a complaint filed with respondent Contractor’s State License Board, appellant was charged with a violation of sections 7114, 7115, 7116, 7117 and 7118 of the Business and Professions Code. Following a hearing before a duly appointed, and qualified deputy registrar of contractors, appellant was found guilty of violating section 7116 of the above mentioned code and not guilty of all other charges made against it. Subsequently, and pursuant to the provisions of section 7099 of the Business and Professions Code, appellant filed in the Superior Court of Los Angeles County a petition for a writ of mandate commanding respondent board to restore to appellant its license to carry on the business of a contractor and to dismiss the proceedings which resulted in an order revoking said license. ■ When the mandamus proceeding came on for hearing in the superior court the matter was submitted on the entire record of the proceedings had before respondent board, which included a reporter’s transcript of said hearing. From a judgment discharging the alternative writ theretofore issued and denying a peremptory writ, appellant prosecutes this appeal.

As a first ground for reversal, it is asserted by appellant that the court erred in not granting to it a trial de novo. This claim is based upon the identical grounds urged by appellant in the companion case of West Coast Home Improvement Co., Inc. v. Contractors State License Board, this day decided, ante, p. 287 [164 P.2d 811]. Upon the authority and for the reasons stated in the cited case, appellant’s contention in this regard must be held to be without merit.

Section 7116 of the Business and Professions Code for a violation of which appellant was adjudged guilty, provides [306]for disciplinary measures when as a consequence of any willful or fraudulent act on the part of a licensee as a contractor substantial injury ensues to any person. The trial court found that representatives of appellant, for the purpose of obtaining contracts for the sale of a product known as “Asbesto Seal,” made misleading, false and fraudulent representations; that under the terms of said contracts the above named product was to be applied by appellant to the dwelling houses of the parties mentioned in the complaint against appellant; that the following representations made by appellant were relied upon by the persons to whom they were made and were untrue:

“1. ‘Asbesto Seal’ is a plastic.

“2. ‘Asbesto Seal’ is an insulator.