Procedural Posture

Procedural Posture


Plaintiff homeowners filed an application for a right to attach order and order for issuance of a writ of attachment against defendants, a contractor and his business. The Los Angeles County Superior Court, California, granted the application against the business and ordered the contractor not to sell, encumber, or diminish the value of his residence until further order of the court. Defendants appealed.


The court concluded that the Salmon Norway, Inc. claim against defendants was one on which attachment could issue. The homeowners provided evidence that defendants were unlicensed at the time a home improvement contract with the homeowners was executed, and performance under the contract commenced while defendants were still unlicensed. The record also showed it was not until several months afterwards that defendants obtained their license. The homeowners presented a prima facie case under Bus. & Prof. Code, § 7031, subd. (b), of the Contractors’ State License Law (CSLL), Bus. and Prof. Code, § 7000 et seq., justifying the issuance of a right to attach order. Because defendants were not licensed at the time performance under the contract commenced, they were not entitled to any recovery for work performed even if they obtained their license during construction. “Extras” undertaken in furtherance of the contract were subject to the CSLL. That defendants may have undertaken work for the homeowners not strictly listed within the four corners of the parties’ written contract would not forestall application of the CSLL to such “extras.”


The orders were affirmed.