Legal Question in Civil Litigation in California
ground of Demurrer Unlicensed Contractor
When filing a Demurrer in a case where an unlicensed contractor has filed an action for breech of contract and fraud seeking compensation. What ground of demurrer would address B&P code7031 that bars an unlicensed contractor from sueing for compensation?
3 Answers from Attorneys
Re: ground of Demurrer Unlicensed Contractor
As the plaintiff likely did not include on the face of the complaint that he was unlicensed, you will not be able to demurrer on those grounds. You will need to make a summary judgment motion before trial or a motion for non-suit at trial. You must answer. Contact me directly.
Re: ground of Demurrer Unlicensed Contractor
I might disagree with my colleague IF you can have the court take judicial notice of a government record -- i.e. a certified copy of the state board's report of no license.
Re: ground of Demurrer Unlicensed Contractor
B&P 7031 is one of the harshest and most powerful laws on the books. We have successfully used it in cases representing property owners. Feel free to email us or call us for help. We are aggressive litigators who practice construction law.
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