Cases: Unlicensed Contractors

Unlicensed Contractors: $1.55 Million Fee Award To Defendant Alleging Successful Unlicensed Contractor Challenge Was Affirmed Under Civil Code Section 1717

Cases: Unlicensed Contractors

Mountain Air Affirmative Defense Argument Rejected On Appeal.                In American Bldg. Innovations LP v. Balfour Beatty Constr., LLC, Case Nos. G062471 et al. (4th Dist., Div. 3 Sept. 3, 2024) (published), plaintiff was found to have violated the unlicensed contractor law by failing to pay workers’ compensation insurance payments on a project, losing a […]

Costs, Reasonableness Of Fees, Unlicensed Contractors: Owners Winning Small Amount In Unlimited Case Against Unlicensed Contractor Were Not Entitled To Attorney’s Fees Or Routine Costs

Cases: Costs, Cases: Reasonableness of Fees, Cases: Unlicensed Contractors

Reason Was That Owners Sought Overly Inflated Fees And Costs, With Fees Not Allowable Because They Did Not Relate To Construction Performance Under B&P § 1029.8.             In a very contentious dispute between residential property owners and carpentry contractors, the trial and appellate courts in Romero v. Brocca, Case No. B316715 (2d Dist., Div. 1

Section 1717, Unlicensed Contractors: Unlicensed Contractor Obtaining $28,413 Contractual Fee Award Was Affirmed On Appeal Because It Was “On The Contract”

Cases: Section 1717, Cases: Unlicensed Contractors

Breadth Of Clause Led To The Result.             Co-contributor Mike had wished we had this decision many moons ago because the Second District, in an unpublished decision before the law had evolved, denied fees to an unlicensed contractor only seeking attorney’s fees, not construction compensation, in an arbitration proceeding.             In Rodgers v. HB Construction,

Fee Clause Interpretation, Section 1717, Unlicensed Contractor: Section 1717 Fees Of $231,834 To Defendant Prevailing Against Statutory Claims Affirmed “Because Of” Broad Fee Provision In Parties’ Contract

Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Unlicensed Contractors

Parties’ Fee Provision Encompassed Tort and Statutory Causes Of Action Commenced “Because Of” An Alleged Breach Of Contract.             In San Francisco CDC LLC v. Webcor Construction L.P., Case Nos. A156669/A157650 (1st Dist., Div. 1 March 19, 2001) (published), plaintiff paid defendants approximately $144 million for the construction of a hotel in San Francisco.  Eight

POOF!, Unlicensed Contractors: $155,008.50 Fee Award Against Unlicensed Contractor Under CCP § 1029.8(a) Reversed As A Matter Of Law

Cases: POOF!, Cases: Unlicensed Contractors

Absence Of True Injury To Owners Did Not Justify An Award Even Though Substantial Payments To Unlicensed Contractor Disgorged Under B&P § 7031(b).             When you are dealing with fee entitlement, frequently, statutory interpretation is involved.  If that is the case, you get de novo review—which can lead to a reversal of a fee award

Reasonableness Of Fees, Unlicensed Contractor: $90,000 Fee Award To Construction Plaintiffs Obtaining Award Under Unlicensed Contractor Fee-Shifting Provision, Way Downwards From $287,640 Request, Was Warranted Under The Circumstances.

Cases: Reasonableness of Fees, Cases: Unlicensed Contractors

Overlitigation Of Case By Attorney Personally Embroiled In A Suit And Incivility Concerns Justified A Reduction Of A Requested Fee.             Karton v. Ari Design & Construction, Inc., Case No. B298003 (2d Dist., Div. 8 Mar. 9, 2021) (published) is a case rife with so many lessons, we cannot catalogue them all.  However, it certainly

Special Fee Shifting Statutes, Unlicensed Contractors: $4 Million Fee Award Evaporates On Appeal Because Penal Code Section 496(B) Does Not Encompass Fraudulent Diversion Of Business Funds

Cases: Special Fee Shifting Statutes, Cases: Unlicensed Contractors

Also, CCP § 1029.8 Did Not Apply, Because Defendants Were Neither Unlicensed Contractors Nor Broker-Dealers.             Appellate practice can result in a reversal of fortunes.  In Siry Investment, L.P. v. Farkhondehpour, Case No. B277750 (2d Dist., Div. 2 Mar. 3, 2020) (lead case, published), a $4 million-plus fee award based upon Penal Code section 496(b)

Section 1717/Unlicensed Contractor:  $90,310.50 Fee Award Against Residential Seller Affirmed In Case Where Modified Damages Were Only $32,004.70

Cases: Section 1717, Cases: Unlicensed Contractors

Fee Award Reversed Against Corporate, Nonsignatory Principal Where No Alter Ego Unfairness Shown.             In Posada v. Stone Steps Properties, LLC, Case Nos. B271664/B277933 (2d Dist., Div. 5 Sept. 11, 2017) (unpublished), a residential property seller failed to disclose to a buyer that an unlicensed contractor performed renovations on the property, resulting in a 5-day

Unlicensed Contractors:  Defendant Victim Of No Contest Pleading Unlicensed Contractor Properly Awarded Civil Action Attorney’s Fees As Part Of Criminal Probationary Restitution Order

Cases: Unlicensed Contractors

Penal Code Section 1202.4(f)(3)(H) Was Basis For Fees As Restitutio             Walker v. Appellate Division of the Los Angeles County Superior Court (People), Case No. B208100 (2d Dist., Div. 5 Aug. 22, 2017) (published) is a case where a criminal defendant pled no contest to a misdemeanor cost of contracting without a contractor’s license, ordered

Unlicensed Contractors: Landowner Using Unlicensed Contractor To Cut Trees Cannot Be Vicariously Liable For Fee Recovery Under CCP § 1029.8

Cases: Unlicensed Contractors

  $50,148 Fee Award Gets Reversed.      Code of Civil Procedure section 1029.8(a) authorizes a fee award against an “unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license in required.” The next case explored whether fee recovery could be had not

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