Pacific Stone Construction v. Santa Mix CA4/3

CourtCalifornia Court of Appeal
DecidedMarch 30, 2026
DocketG064727
StatusUnpublished

This text of Pacific Stone Construction v. Santa Mix CA4/3 (Pacific Stone Construction v. Santa Mix CA4/3) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pacific Stone Construction v. Santa Mix CA4/3, (Cal. Ct. App. 2026).

Opinion

Filed 3/30/26 Pacific Stone Construction v. Santa Mix CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

PACIFIC STONE CONSTRUCTION, INC. et al., G064727 Plaintiffs and Respondents, (Super. Ct. No. 30-2021- v. 01178241)

SANTA MIX, INC. et al., OPINION

Defendants and Appellants.

Appeal from a judgment of the Superior Court of Orange County, William D. Claster, Judge. Affirmed. Snell & Wilmer, Michael J. Baker, Jing Hua, Gregory J. Sonnenberg and Kina Wong for Defendants and Appellants. Law Offices of Herb Fox and Herb Fox; Mirhosseini Law Group and Ali Reza Mirhosseini for Plaintiffs and Respondents. This case stems from a dispute between a general contractor, Pacific Stone Construction, Inc. (Pacific Stone), and the corporate owners of restaurants operating under a single brand (appellants). Believing it was owed money for the buildout of the restaurants, Pacific Stone sued for unpaid sums. Among appellants’ defenses to the lawsuit, and theories supporting their own cross-complaint, was Pacific Stone’s alleged lack of a valid contractor’s license. After the parties rested their cases as part of a bench trial, appellants filed a closing argument brief asserting Pacific Stone was barred from recovery under Business and Professions Code section 70311 because it failed to present a verified certificate of licensure during trial. The court received briefing and heard oral argument from the parties on the issue and whether it should reopen the evidence. Finding Pacific Stone had a good faith belief licensure was no longer controverted at the time of trial, the court reopened evidence on the issue of licensure only. After receiving the additional evidence, the court found Pacific Stone demonstrated licensure and was entitled to recover a total of roughly $5.7 million, plus interest. Appellants challenge the trial court’s decision to reopen trial and its finding that Pacific Stone established valid licensure. First, they argue Pacific Stone failed, as a matter of law, to demonstrate the good cause required to reopen the evidence. Second, they contend Pacific Stone likewise failed to provide evidence of adequate workers’ compensation insurance coverage, thereby rendering its contractor license suspended by operation of law, pursuant to section 7125.2, with the suspension retroactive to the time of the restaurants’ construction. We find the trial court did not abuse its

1 All further statutory references are to the Business and

Professions Code unless otherwise indicated.

2 discretion in reopening trial and conclude section 7125.2 is inapplicable under the circumstances. Accordingly, we affirm the judgment. FACTS I. UNDERLYING CIRCUMSTANCES Pacific Stone is a general contractor. Hootan Ataian is its president, chief operating officer, and sole shareholder. Prior to Pacific Stone’s formation in 2014, Ataian owned another general contractor entity named Signature Kitchen & Bath (Signature). Michael Rafipoor is president and chief operating officer of multiple corporations that own restaurants which operate under the name Panini Kabob Grill (PKG). In those roles, he supervises and oversees the operation of the restaurants, each of which is separately incorporated. Ataian and Rafipoor’s business relationship dates to the early 2000s. What began as Ataian doing some stonework at one of Rafipoor’s restaurants, turned into Signature being the general contractor for the buildout of multiple PKG restaurants, and ultimately Pacific Stone being secured to construct additional restaurants. In mid-2019, Rafipoor approached Ataian about the buildout of 10 more PKG restaurants in Southern California on a fixed fee basis with the potential for a substantial bonus. Construction started on many of the locations, but only three restaurants were completed by the time Rafipoor and Ataian’s relationship went sour and came to an end in mid-2020. II. LAWSUIT AND TRIAL Believing it was owed money, Pacific Stone sued Rafipoor and, among others, the 10 corporations associated with the 10 PKG restaurants:

3 Santa Brassy, Inc.; Santa Broadway, Inc.; Santa LBX, Inc.; Santa Mission, Inc.; Santa Mix, Inc.; Santa Valencia, Inc.; Saint Arts, Inc.; Santa Cerritos, Inc.; Santa UTC, Inc.; and Santa Vine, Inc. (collectively, the PKG entities). The complaint alleged breach of contract, breach of the implied covenant of good faith and fair dealing, common counts regarding the nonpayment for goods and services rendered, fraudulent misrepresentation, intentional interference with contractual relations, and conversion. An answer to the complaint generally denied all allegations and asserted various affirmative defenses. One of the affirmative defenses was grounded in state contractor licensing laws. It alleged: “[Pacific Stone] is barred from seeking relief because [Pacific Stone] violated the State Contractor’s License Law and failed to comply with the requirements of . . . section 7031.” The PKG entities also filed a cross-complaint, naming Pacific Stone, Ataian, and two other individuals as cross-defendants (collectively, cross-defendants). Among other matters, the cross-complaint alleged the cross-defendants were negligent in planning, designing, and constructing the restaurant improvements, failed to perform the work in a workman-like manner, and failed to obtain necessary permits and final approvals for the construction. One cause of action, brought against Ataian only, alleged Ataian “was not [a] licensed contractor[] when work was performed, or at any time thereafter,” and Pacific Stone used a sham responsible managing employee to obtain certain licensure. Due to Ataian’s alleged unlicensed status, it further alleged Ataian was “precluded from demanding compensation for any services rendered” and the PKG entities were “entitled to recover all sums they paid . . . to [him] . . . for services performed[,] as well as all costs and attorney’s fees.”

4 Roughly one week before what turned into a three-day bench trial, the parties filed a joint list of controverted issues and separate trial briefs. Among the list of 35 controverted issues were the following: (1) “[w]hether Plaintiff or Cross-Defendants are in violation of the California Contractor’s License Law”; and (2) “If Plaintiff and Cross-Defendants are in violation of the California Contractor’s License Law, is Plaintiff precluded from receiving compensation for services rendered?” Both sides’ trial briefs also referenced the licensure related allegations. Specifically, Pacific Stone and the other cross-defendants’ trial brief acknowledged the cross-complaint alleged they did not have a valid contractor’s license, but argued “the evidence [would] show [Pacific Stone] has been a licensed contractor since 2014” and “there [would] be no evidence presented to the contrary.” In contrast, Rafipoor and the PKG entities’ trial brief contended Pacific Stone “b[ore] the burden of proving it was properly licensed,” it could not do so because it would be “unable to prove that it has adequately and properly maintained its workers’ compensation [insurance],” and the PKG entities were thus “entitled to disgorgement of all compensation paid to Pacific Stone.” During trial, the only mention of licensure came during the direct examination and cross-examination of Ataian. During the former, Pacific Stone and cross-defendants’ counsel asked whether Ataian, as a contractor, held any licenses issued by the State.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Cornett
274 P.3d 456 (California Supreme Court, 2012)
Hydrotech Systems, Ltd. v. Oasis Waterpark
803 P.2d 370 (California Supreme Court, 1991)
Braden v. Lewis
259 P.2d 16 (California Court of Appeal, 1953)
Ferlito v. Cesare
279 P.2d 607 (California Court of Appeal, 1955)
People v. Smith
863 P.2d 192 (California Supreme Court, 1993)
In Re Marriage of Olson
612 P.2d 910 (California Supreme Court, 1980)
Rosenfeld, Meyer & Susman v. Cohen
191 Cal. App. 3d 1035 (California Court of Appeal, 1987)
Horning v. Shilberg
29 Cal. Rptr. 3d 717 (California Court of Appeal, 2005)
Advantec Group, Inc. v. Edwin's Plumbing Co.
63 Cal. Rptr. 3d 195 (California Court of Appeal, 2007)
Loranger v. Jones
184 Cal. App. 4th 847 (California Court of Appeal, 2010)
Wright v. ISSAK
58 Cal. Rptr. 3d 1 (California Court of Appeal, 2007)
Miller v. Department of Corrections
115 P.3d 77 (California Supreme Court, 2005)
California Federal Savings & Loan Ass'n v. City of Los Angeles
902 P.2d 297 (California Supreme Court, 1995)
Judicial Council v. Jacobs Facilities, Inc.
239 Cal. App. 4th 882 (California Court of Appeal, 2015)
People v. Riddles
9 Cal. App. 5th 1248 (California Court of Appeal, 2017)
Castillo v. Toll Bros., Inc.
197 Cal. App. 4th 1172 (California Court of Appeal, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
Pacific Stone Construction v. Santa Mix CA4/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-stone-construction-v-santa-mix-ca43-calctapp-2026.