Franklin v. Nat C. Goldstone Agency

204 P.2d 37, 33 Cal. 2d 628, 1949 Cal. LEXIS 221
CourtCalifornia Supreme Court
DecidedMarch 18, 1949
DocketL. A. 20524
StatusPublished
Cited by65 cases

This text of 204 P.2d 37 (Franklin v. Nat C. Goldstone Agency) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franklin v. Nat C. Goldstone Agency, 204 P.2d 37, 33 Cal. 2d 628, 1949 Cal. LEXIS 221 (Cal. 1949).

Opinions

SPENCE, J.

This case involves the enforcement of an arbitration award in payment for certain painting work performed by interior decorators as part of their agreed services. The propriety of such recovery is challenged upon the ground that the decorators were not shown to be licensed contractors at the time of performance of the work in question. Such point of objection, tendering the issue of illegality in derogation of the right to judicial relief, is well taken, and the court’s order confirming the award cannot be sustained upon the record as it now stands.

Respondents, as interior decorators, undertook by oral agreement “to furnish and decorate” appellant’s office. The work included painting and carpeting. A dispute arose with respect to the charges for these services, and the parties submitted the matter to arbitration. The arbitrator made an award in favor of respondents. Within three months thereafter respondents applied to the superior court for an order confirming the award. The application for confirmation did not allege that respondents, either as a firm or individually, were licensed by the state to act as contractors at the time the work was performed. On the day of the court hearing, appellant filed an affidavit of one of its attorneys in opposition to confirmation of the award. The affidavit stated, upon information and belief, that neither of respondents “is or was a licensed contractor”; and that “no allegation or proof of contractor’s license was made by [respondents] or either of them during the said arbitration.” Respondents filed no counteraffidavit. The court made its order confirming the award and ordered that judgment be entered accordingly in favor of respondents. From such order and judgment appellant has appealed.

Appellant contends that respondents have no legal standing in court as the basis for the enforcement of their claim for compensation because it does not appear from the petition to confirm the arbitrator’s award, or from any of the documents attached thereto, that respondents were duly licensed [630]*630contractors at all times during performance of the agreement. Appellant makes no objection to the award to respondents for the carpeting work, but limits the application of its contention solely to the propriety of the court’s order insofar as it allows compensation to respondents for the painting of appellant’s office—$1,648.59.

“ It is unlawful for any person to engage in the business or act in the capacity of a contractor within this State without having a license therefor. ...” (Bus. & Prof. Code, § 7028.) As defined by statute, a “contractor” is “any person . . . who . . . undertakes to . . . himself or by or through others, construct, alter, repair, add to, subtract from, improve . . . any building. ...” (Bus. & Prof. Code, §7026; emphasis added.) Classified as á separate branch of “the contracting business” is the comprehensive field of “specialty contracting” (Bus. & Prof. Code, § 7055), which includes “a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades and crafts” (Bus. & Prof. Code, § 7058). The Contractors’ State License Board (Bus. & Prof. Code, § 7000), in recognition of the fact that the construction industry embraces numerous specialized crafts requiring certain arts and skills, has expressly listed among the “classified specialists” coming within the scope of the licensing statutes “painting and decorating contractors” (Cal. Adm. Code, title 16, § 735). In line with these observations, the conclusion is inescapable that respondents should be regarded as “contractors” within the purview of the statute and the rules and regulations adopted in pursuance thereof (Bus. & Prof. Code, §§ 7008, 7059), and that compliance with the state licensing requirements was necessary to validate their undertaking to do and doing the work of painting appellant’s office. (Howard v. State of California, 85 Cal.App.2d 361, 363-364 [193 P.2d 11].)

Respondents argue, however, that the award of the arbitrators may not be attacked upon this ground of illegality in challenge of their right to recover for the painting work in question, as determined by the arbitrator. Accordingly, they cite the well-settled principles that “Once an award [of an arbitrator] regular on its face is established by satisfactory proof, a prima facie case is made, and every presumption is in favor of its validity, the burden of introducing evidence to overthrow the award resting on the party who attacks the award” (3 Am.Jur. § 165, p. 980; see, also, 6 C.J.S. §,130, [631]*631p. 281); that the arbitration process provides ‘ a summary and expeditious means of attempting to determine controversies out of court pursuant to a stipulation of the parties in a written contract” (Snyder v. Superior Court, 24 Cal.App.2d 263, 267 [74 P.2d 782]; see, also, Pacific Vegetable Oil Corp. v. C.S.T., Ltd., 29 Cal.2d 228, 240 [174 P.2d 441]; Glesby v. Balfour, Guthrie & Co., Ltd., 63 Cal.App.2d 414, 417 [147 P.2d 60]); and that pursuant to the proposition that the law favors arbitration, “every reasonable intendment will be indulged to give effect to such proceeding” (Utah Construction Co. v. Western Pacific Railway Co., 174 Cal. 156, 159 [162 P. 631]).

The arbitration process in this state is governed by sections 1280-1293 of the Code of Civil Procedure and the parties have proceeded in accordance therewith. No error appeared on the face of the award, and at the judicial hearing appellant’s entire attack thereon rested on the charge, by affidavit of its counsel, that respondents’ compensation claim grew out of an illegal transaction by reason of respondents’ failure to comply with the state licensing requirements for contractors. However, since such affidavit as to respondents’ alleged unlawful conduct in the mentioned particular was made on information and belief, it was only “hearsay and no proof of the facts stated therein.” (Kellett v. Kellett, 2 Cal.2d 45, 48 [39 P.2d 203]; see, also, Pratt v. Robert S. Odell & Co., 63 Cal.App.2d 78, 82 [146 P.2d 504].)

But the failure on the part of appellant to offer competent evidence on the disputed point of respondents’ status as duly licensed contractors does not aid respondents, for whether or not they had complied with the state licensing requirements was a matter essential to their right of recovery on their contract.

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Bluebook (online)
204 P.2d 37, 33 Cal. 2d 628, 1949 Cal. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-nat-c-goldstone-agency-cal-1949.