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...compensation and additionally permits a party who has utilized the services of an unlicensed contractor "to recover all compensation paid" to the contractor. The statute does not on its face limit disgorgement only...result of the debtor's fraud. None of these cases involved statutory disgorgement of compensation paid to an unlicensed contractor notwithstanding the absence of actual injury or the absence of fraud. As noted in 5 Brune....
OPINION
DENNIS MONTALI, Bankruptcy Judge
...
..., appellant's causes of action are all based on its asserted right to disgorgement of compensation from an unlicensed contractor under section 7031(b), and appellant does not contend otherwise. The...utilizes the services of an unlicensed contractor may bring an action . . . to recover all compensation paid to the unlicensed contractor for performance of any act or contract" and this provision generally require...actions brought under section 7031(b) because disgorgement is a statutory penalty for work performed by an unlicensed contractor. The court's ruling is consistent with the recent opinion from the Second...
...collect compensation for performance of any work for which a license is required (§ 7031, subd. (a)), and (2) allowing any person who utilizes the services of an unlicensed contractor to bring an action for disgorgement of...court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." (Subdivision (e) addresses substantial compliance with licensure requirements, and ...) provides for disgorgement only against an "unlicensed contractor," Suffolk argued Eisenberg's claim necessarily failed...
...of the evidence at trial in their briefs. Both parties describe solely pieces of the evidence regarding Loranger's employment of unlicensed contractor(s) and minors. As the only issue raised by the Joneses on appeal is whether Loran..., there was no evidence to show that Loranger failed to list any required wages on his worker's [ sic] compensation insurance for any unlicensed contractor. Therefore, even if the Court allowed the amendment, the Court denies...whether a licensed contractor who has a policy of workers' compensation covering his employees, who uses a subcontractor not knowing he is unlicensed and knowingly employs his 13-year-old son and his...
...money paid to an unlicensed contractor, fraud, and unfair business practices. Johnson answered and cross-complained for the balance of the contract price, alleging breach of contract and quantum meruit...amended cross-complaint for breach of contract and quantum meruit. The court sustained the demurrer on the ground that the contractor was not licensed during part of the contract.... (Bus. & Prof. Code, § 7031, subd. (a).) The contractor...
..., fraud, and disgorgement of fees paid to an unlicensed contractor pursuant to section 7031. They sought to recover what they paid to Barker, the amounts they paid a new contractor to fix...thereof on both sides.” (Italics added.) Section 7031, subdivision (b) expressly sets forth the disgorgement remedy for work performed by an unlicensed contractor.
&nb...$602, 000 they had paid to him for construction of their house because he was at all times during construction an unlicensed contractor. (Bus. & Prof. Code, § 7031, subd. (b...
.... Instead of a consumer seeking disgorgement from an unlicensed contractor, an unlicensed contractor is attempting to recover from a consumer. The Templo Calvario court expressly recognized this...the unlicensed contractor." (Hydrotech, supra, 52 Cal.3d at p. 995.)
Moreover, there are sound public policy...at all times during contractual performance, a contractor is not barred from recovering compensation for the work solely because he or she was unlicensed when the contract was executed...
...clear-cut and explicit legislative expression of public policy mandating the disgorgement of compensation received by an unlicensed contractor. Thus, the trial court erred in deferring to the arbitrator's...contended that Ahdout did not have standing under section 7031 because he did not hire or not utilize the services of BIDI, and only a “person who utilizes the services of an unlicensed contractor” may sue...had paid a total of $929,889.61 either to BIDI or to Braum for unlicensed contractor work on the Project. As an exemplar, he attached a copy of a check from his account in the amount of $150,000 made...
...for a remedy against any entity other than the unlicensed contractor." In re Abeinsa, 6445 B.R. at 686. Nonetheless, "unlicensed contractor" was extended to Crown, as assignee of wrongdoer Synflex, for purpo...disgorgement of compensation paid to an unlicensed contractor, and therefore does not apply to the payments made by ATMGP to Crown. As the statute is unambiguous, Crown argues, it should not be extended...) disgorgement statute to apply to Crown as an assignee of an unlicensed contractor and avoid the application of the assignee protections of Section 9-404(b) of the California Commercial Code. Even assuming the ...
...entity other than the unlicensed contractor.” In re Abeinsa, 6445 B.R. at 686. Nonetheless, “unlicensed contractor” was extended to Crown, as assignee of wrongdoer Synflex, for purposes of the remedy provide...7031(b) disgorgement statute to apply to Crown as an assignee of an unlicensed contractor and avoid the application of the assignee protections of Section 9-404(b) of the California Commercial Code. Even assuming...Section 7031. Wilson, 211 Cal.App.3d at 1053 (“[A] contract by an unlicensed contractor is void and illegal pursuant to [Cal.] Bus. & Prof. Code ...
...of profits from an unlicensed contractor under Business and Professions Code section 7031, subdivision (a). Appellants further contend that substantial...cross-complaint is not in the record.
In his May 2016 case management statement, Zhang asserted that Zhao "turns out to be an unlicensed contractor who is using what is believed to...Business and Professions Code section 7031 (section 7031), which authorizes a person who used the services of an unlicensed contractor to recover all compensation paid to that ...
...THE PROJECT." (2) "CAL. BUS. AND PROF. CODE SECTION 7031 BARS ANY RECOVERY BY AN UNLICENSED CONTRACTOR AND PROVIDES FOR DISGORGEMENT OF SUMS RECEIVED BY...AN UNLICENSED CONTRACTOR." (3) "EQUITY DOES NOT SAVE PETERBERG." (Boldface omitted.)
Appellants' counsel closed her letter.... 424, fn. 5.) Section 7031 prohibits "judicial aid" to an unlicensed contractor seeking compensation. (MW Erectors, at p. 430, fn. 10, italics omitted.) "[N]othing [however] in the statute...
...utilizes the services of an unlicensed contractor" to bring an action for disgorgement of "all compensation paid to the unlicensed contractor." (Judicial Council of California v. Jacobs...unlicensed contractor. And the third was awarding cost of proof damages to a party based on requests for admissions propounded by a different party. We agree with appellants on all three claims, and we...unlicensed contractors, including PA Builders. The basis of the motion was that a contract by an unlicensed contractor is void and illegal (Wilson v. Steele (1989...
...victims to an unlicensed contractor under a contract." Id. at 34, ¶ 14, 162 P.3d at 673. This amount, it concluded, "constitute[s...decision in Wilkinson created a per se rule that the entire amount of consideration paid by the victim in an unlicensed contractor case is the proper amount of restitution, regardless of any benefit...conferred on the victim. We disagree that Wilkinson created such a rule. Although Wilkinson also involved the restitution due from an unlicensed contractor, it decided an entirely...
...of action for disgorgement of funds paid to an unlicensed contractor, pursuant to section 7031, subdivision (b).
At the Humphreys' request, the trial court bifurcated the ...circumstances, and 'shall not apply . . . where the [unlicensed contractor] has never been a duly licensed contractor in this state." [Citation.]
"The California Supreme Court...the work was performed knew the contractor was unlicensed. [Citation.] . . . . [It] explained that '"'Section 7031 represents a legislative determination that the importance of deterring...
.... Stephen A. Goldberg Co., 755 A.2d 412, 418 (D.C. 2000) (noting that under Section 800.1, a homeowner may force an unlicensed home improvement contractor to return any advance payment it remitted to...the contractor). Disgorgement sounds in principles of unjust enrichment and restitution-which are quasi-equitable doctrines-not in tort. See Thanos v. District of Columbia, 109 A.3d 1084, 1094...-that although a violation of Section 800.1 technically occurs when an unlicensed home improvement contractor enters into a home improvement...
...; disgorgement under section 7031, subdivision (b), which allows a person who has employed an unlicensed contractor to obtain “all compensation.... Section 7031, subdivision (b) goes further, permitting a person “who utilizes the services of an unlicensed contractor” to bring an action for disgorgement of..., 803 P.2d 370.) Because the remedies of subdivisions (a) and (b) of section 7031 are essentially two sides of the same coin in denying compensation to an unlicensed contractor, w...
...shows that this is not so.
Like subsection (a), subsection (b) does not name any wrongdoer other than the unlicensed contractor nor specifically provide for a remedy against any entity other than the ...to recover compensation paid to that unlicensed contractor. It is undisputed that Synflex was unlicensed when it performed the work on the Mojave Solar Power Plan Project.
Based...Code. Because the California statute does not authorize a suit against any party other than the unlicensed contractor, and/or because a suit against an assignee of commercial paper cannot seek...
...Eisenberg, the appellate court declined to apply the discovery rule to a claim under section 7031, subdivision (b), which allows "any person who utilizes the services of an unlicensed contractor to bring an action for ...section 7031, a plaintiff can seek disgorgement from an unlicensed contractor for a building construction project even if "there are no problems with the construction or the building." (Id. at...
...payment as an unlicensed contractor prior to completing the work, and the incidental award of treble damages and attorney's fees with respect to the disgorgement award is not nondischargeable. As to the...requires an unlicensed contractor to disgorge any compensation received if the contractor accepted compensation prior to completing a job...provisions of this chapter.
16 D.C. Mun. Reg. § 800.1. When an unlicensed home improvement contractor takes a payment for work on a home in the District of Columbia before...