M
mbkelly
Guest
What is the name of your state? California
I am presently the plaintiff in Palmdale CA Small Claim Court. In 1/03 I was given an phone estimate for a “mud slide” removal job which was double the amount I expected to pay, by what I found out later was an unlicenced contractor. Upon questioning his estimate I learned that he included things I never wanted or requested so I immediately corrected him. He promised me a new estimate & contract in writing the next day. Instead he showed up early and started working before my arrival.. He claimed he did not have time to write up the promised documents but would do so. He demanded and I stupidly gave him what I thought was fair compensation for the entire job, which was $1.500 for 2 days work. Surprising the job only took 1½ days to complete, but much to my surprise he demanded another $1,500 which I refuse to pay.
California. law not only required him to have a contractor’s license, but to put agreements in writing, including mandatory 3 day recision periods & limits to down payments. If he had provided the written agreement he promised, and was required, then of course we would not be in court today. B&P code 7031.(a)states that no unlicenced person may bring any action, or recover in law or equity in any action, in any court in the state the collection of compensation for the performance or any act for which a license is required.
Upon receiving “notice of trial”, I immediately (16 days prior to trial date) requested a postponement from the court to allow time for the State’s licensing Board to complete their investigation into Plaintiff’s illegal acts. In spite of this the “hometown commissioner” hearing the case, refused my request the day before trial was to begin. At the trial he did not listen to anything I said about our oral agreement - or lack thereof -; or, the fact that he only performed half the work and labor, for which he was duly compensated. Plaintiff’s admission that he never held a contractor’s license, and that he did not provide me with anything in writing, was also not taken into consideration. The “Judge” stated that he did not feel a landscaping license was necessary to move mud; and dismissed the B& P codes that I submitted as evidence as “just a blurb put out by the State Contractor’s Board”.
Needless to say he ruled against me & awarded the plaintiff $1,500. I of course am appealing.
My main question is how do I go about getting a legal opinion from some high ranking state official i.e. Attorney General, as a “friend of the court” to offer a legal opinion pertaining to this case. I realize this is only the lowly “small claims court”, and “Judges” are allow great latitude in such courts, but should State laws be completely ignored?
I am presently the plaintiff in Palmdale CA Small Claim Court. In 1/03 I was given an phone estimate for a “mud slide” removal job which was double the amount I expected to pay, by what I found out later was an unlicenced contractor. Upon questioning his estimate I learned that he included things I never wanted or requested so I immediately corrected him. He promised me a new estimate & contract in writing the next day. Instead he showed up early and started working before my arrival.. He claimed he did not have time to write up the promised documents but would do so. He demanded and I stupidly gave him what I thought was fair compensation for the entire job, which was $1.500 for 2 days work. Surprising the job only took 1½ days to complete, but much to my surprise he demanded another $1,500 which I refuse to pay.
California. law not only required him to have a contractor’s license, but to put agreements in writing, including mandatory 3 day recision periods & limits to down payments. If he had provided the written agreement he promised, and was required, then of course we would not be in court today. B&P code 7031.(a)states that no unlicenced person may bring any action, or recover in law or equity in any action, in any court in the state the collection of compensation for the performance or any act for which a license is required.
Upon receiving “notice of trial”, I immediately (16 days prior to trial date) requested a postponement from the court to allow time for the State’s licensing Board to complete their investigation into Plaintiff’s illegal acts. In spite of this the “hometown commissioner” hearing the case, refused my request the day before trial was to begin. At the trial he did not listen to anything I said about our oral agreement - or lack thereof -; or, the fact that he only performed half the work and labor, for which he was duly compensated. Plaintiff’s admission that he never held a contractor’s license, and that he did not provide me with anything in writing, was also not taken into consideration. The “Judge” stated that he did not feel a landscaping license was necessary to move mud; and dismissed the B& P codes that I submitted as evidence as “just a blurb put out by the State Contractor’s Board”.
Needless to say he ruled against me & awarded the plaintiff $1,500. I of course am appealing.
My main question is how do I go about getting a legal opinion from some high ranking state official i.e. Attorney General, as a “friend of the court” to offer a legal opinion pertaining to this case. I realize this is only the lowly “small claims court”, and “Judges” are allow great latitude in such courts, but should State laws be completely ignored?
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