Alvarado v. Davis

Appellate Division of the Superior Court of California

Alvarado v. Davis

6 P.2d 121, 115 Cal. App. Supp. 782, 1931 Cal. App. LEXIS 14

CourtAppellate Division of the Superior Court of California

DecidedMay 22, 1931

DocketCiv. A. No. 558

StatusPublished

Cited by8 cases

This text of 6 P.2d 121 (Alvarado v. Davis) is published on Counsel Stack Legal Research, covering Appellate Division of the Superior Court of California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarado v. Davis, 6 P.2d 121, 115 Cal. App. Supp. 782, 1931 Cal. App. LEXIS 14 (Cal. Ct. App. 1931).

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Opinion

YANKWICH, J., pro tem.

Plaintiff had judgment in the court below for the sum of one hundred and fifty ($150) dollars, principal sum, nine and 22/100 ($9.22) dollars, as interest, and the sum of one and 50/100 ($1.50) dollars, for recording a mechanic’s lien, and for the foreclosure of the mechanic’s lien claimed.by him upon property of the defendant, Marie L. Davis, situated in the city of Los Angeles. The record shows that on October 29, 1929, plaintiff and defendant entered into a written contract whereby the plaintiff, as a contractor, agreed to construct for the defendant a three-room stucco house and to remodel a [783]*783garage on the real property mentioned. The work was completed by the plaintiff, and he received from the defendant, on account, the sum of six hundred and forty-three ($643.00) dollars. There were also extras amounting to thirty (|30.00) dollars. No notice of completion was filed. On May 16, 1930, plaintiff duly filed his claim of lien. The court below gave judgment in the amount first stated, and ordered the lien foreclosed. It is the contention of the defendant that the lien was not filed within the time prescribed by section 1187 of the Code of Civil Procedure.

The lien is claimed here by one who is an original contractor. The premises were occupied on December 14, 1929. The lien was filed May 16, 1930. The only work performed after occupancy was the painting of two air vents under the house, “which (as the bill of exceptions states) was part of the contract

We need not decide whether the lien was timely, because the failure to comply with the act relating to the registration and' licensing of contractors (Stats. 1929, chap. 791, p. 1591) bars recovery. The act is intended for the protection of the public. Control over the contractor is given to the state director of professional and vocational standards through the power to revoke licenses for fraudulent and illegal practices. And while an examination is not made a condition precedent to the granting of a license, the entire object of the statute is that protection of the public against fraudulent and illegal practices which has always been recognized as a distinctive characteristic of statutes which are not mere revenue measures. (Levinson v. Boas, 150 Cal. 185, 193 [88 Pac. 825]; Payne v. De Vaughn, 77 Cal. App. 399, 403 [246 Pac. 1069]; Van Wych v. Burrows, 98 Cal. App. 414, 419 [277 Pac. 190].) A similar local statute has been so interpreted in Draper v. Miller, 92 Kan. 275 [140 Pac. 890] (a case cited with approval in Payne v. De Vaughn, supra).

The judgment is reversed, with costs of appeal to the appellant.

Shaw, J., concurred. •

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YANKWICH, J., pro tem.

Plaintiff had judgment in the court below for the sum of one hundred and fifty ($150) dollars, principal sum, nine and 22/100 ($9.22) dollars, as interest, and the sum of one and 50/100 ($1.50) dollars, for recording a mechanic’s lien, and for the foreclosure of the mechanic’s lien claimed.by him upon property of the defendant, Marie L. Davis, situated in the city of Los Angeles. The record shows that on October 29, 1929, plaintiff and defendant entered into a written contract whereby the plaintiff, as a contractor, agreed to construct for the defendant a three-room stucco house and to remodel a [783]*783garage on the real property mentioned. The work was completed by the plaintiff, and he received from the defendant, on account, the sum of six hundred and forty-three ($643.00) dollars. There were also extras amounting to thirty (|30.00) dollars. No notice of completion was filed. On May 16, 1930, plaintiff duly filed his claim of lien. The court below gave judgment in the amount first stated, and ordered the lien foreclosed. It is the contention of the defendant that the lien was not filed within the time prescribed by section 1187 of the Code of Civil Procedure.

The lien is claimed here by one who is an original contractor. The premises were occupied on December 14, 1929. The lien was filed May 16, 1930. The only work performed after occupancy was the painting of two air vents under the house, “which (as the bill of exceptions states) was part of the contract

We need not decide whether the lien was timely, because the failure to comply with the act relating to the registration and' licensing of contractors (Stats. 1929, chap. 791, p. 1591) bars recovery. The act is intended for the protection of the public. Control over the contractor is given to the state director of professional and vocational standards through the power to revoke licenses for fraudulent and illegal practices. And while an examination is not made a condition precedent to the granting of a license, the entire object of the statute is that protection of the public against fraudulent and illegal practices which has always been recognized as a distinctive characteristic of statutes which are not mere revenue measures. (Levinson v. Boas, 150 Cal. 185, 193 [88 Pac. 825]; Payne v. De Vaughn, 77 Cal. App. 399, 403 [246 Pac. 1069]; Van Wych v. Burrows, 98 Cal. App. 414, 419 [277 Pac. 190].) A similar local statute has been so interpreted in Draper v. Miller, 92 Kan. 275 [140 Pac. 890] (a case cited with approval in Payne v. De Vaughn, supra).

The judgment is reversed, with costs of appeal to the appellant.

Shaw, J., concurred. •

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6 P.2d 121, 115 Cal. App. Supp. 782, 1931 Cal. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarado-v-davis-calappdeptsuper-1931.

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