Oceguera v. Cohen

Opinion

TURNER, P. J.—

I. INTRODUCTION

Business and Professions Code 1 section 7031, subdivision (b) permits a consumer to sue an unlicensed contractor for a refund of moneys paid under a construction contract. Such a refund claim is subject to the defense the unlicensed contractor was in “substantial compliance” with the licensing requirement. The four elements of the substantial compliance defense of an unlicensed contractor to a consumer’s refund claim are specified in section 7031, subdivision (e). In this case, we conclude substantial evidence supports the trial court’s express and implied…