In California, an entity that has been suspended is disqualified from exercising any right, power or privilege as an entity during the time of the suspension. Therefore, the suspended entity lacks the legal ability to enter into a binding and enforceable contract with a third party. However, the contracts entered into during a time of suspension […]

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Plaintiff homeowner sued a contractor for improper work, alleging (among other things) that the contractor is/was licensed. At trial, plaintiff homeowner’s lawyer demanded that the contractor provide a verified certificate from the California State Contractors License Board confirming proper licensure, despite the allegation of proper licensure in the complaint. The trial court ruled that the […]

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The Federal American with Disabilities Act (Title 42, sections 12101 et. seq. of the United States Code [“ADA” for short]) the California Unruh Act (Civil Code sections 51 – 53) present pitfalls for owners and tenants of commercial properties. While the Unruh Act protects against discrimination generally, with disabilities among the areas of protection, the […]

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Effective January 1, 2016, the contractor’s licensing bond for California contractors, as required by Business & Professions Code section 7071.6, was increased from $12,000 to $15,000. Under section 7071.6, the bond must be in place before the Contractor’s State Licensing Board (“CSLB”) can issue an active license, reactive or inactive license, or renew an active […]

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