Richard Torres, George Torres v. Gary Pfeffer, Old Republic Surety Company
Published: May 27, 2017 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00830992-CU-OR-CJC Summary Judgment – Defense
Court
Orange Superior
Attorneys
Plaintiff
Loyd E. Wright III
(Law Office of Loyd E. Wright III)
Defendant
Facts
Plaintiff Richard Torres entered into a residential construction contract with defendant Gary Pfeffer for $339,684.20. Plaintiff filed suit against defendant relating to the contract in which the parties agreed Torres would perform remodeling work on Pfeffer's house in Dana Point.
Pfeffer filed a cross-complaint against Torres.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he performed as agreed under the contract but that defendant refused to pay him the balance owed of $120,829.07. Torres asserted causes of action for breach of written contract, open book account, account stated, quantum meruit, and foreclosure of mechanics lien.
DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff did shoddy work and that he was not entitled to any recovery because he did not have a contractor's license during the time he performed the work.
Result
The court granted defendant's motion because plaintiff failed to meet his burden of proving licensure after defendant met his initial burden of showing that he lacked a contractor's license.
Other Information
FILING DATE: Jan. 20, 2016.
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