POOF!: Reversal Of Unlicensed Contractor Determination Meant Civil Code Section 1717 Fee Award Went POOF!

 

$127,616.90 Fee Award Evaporated.

     Defendants won a summary judgment against plaintiff contractor based on the determination that plaintiff could not recover because it did not have a contractor’s license. The trial court later awarded defendants attorney’s fees under Civil Code section 1717 of $127,616.90. That fee award went POOF! when the appellate court in Montgomery Sansome LP v. Rezai, Case Nos. A130272/A130694 (1st Dist., Div. 2 Mar. 28, 2012) (certified for publication) reversed summary judgment, finding that inconsistent nomenclature in various documents presented a triable issue on whether there was a properly licensed entity.

Spilt milk.  1933.  Harold Edgerton, photographer.

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