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California Civil Procedure, Keyed to Levine, 6th Ed.
Advantec Group, Inc. v. Edwin’s Plumbing Co.
Citation:
153 Cal. App. 4th 621, 63 Cal. Rptr. 3d 195 (2007)Facts
Advantec Group, Inc. was the developer of a multiunit apartment building and hired Edwin’s Plumbing Co., Inc. to furnish plumbing services and materials pursuant to a subcontract dated December 29, 2003. Edwin’s worked on the project from February 2004 until November 2004, when Advantec terminated Edwin’s from the project prior to its completion. In January 2005, Advantec filed an action for breach of contract against Edwin’s seeking damages of $168,476.40 plus attorney fees. Edwin’s filed an answer in March 2005, and in January 2006 filed a cross-complaint alleging breach of contract by Advantec, stating that it was a licensed plumbing contractor performing work under California law. Advantec filed an answer to the cross-complaint containing a general denial of each and every allegation pursuant to Code of Civil Procedure section 431.30, without specifically challenging Edwin’s licensure status. During the March 2006 jury trial, when Edwin’s majority shareholder began testifying about licensure, Advantec objected that Edwin’s was required to prove licensure through a verified certificate under section 7031.
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