California Court of Appeal

In plaintiff's suit for breach of contract and quantum meruit, alleging that defendants failed to pay amounts due under the property management agreement and failed to pay for services rendered and money paid by plaintiff at defendants' request, trial court's dismissal following the sustaining of a demurrer to plaintiff's complaint without leave to amend is reversed where: 1) the sustaining of the demurrer to the counts for breach of contract based on the absence of a real estate broker's license was error and the trial court must exercise its discretion to determine whether the doctrine of severability applues so as to allow the recovery of compensation for services for which no such license was required; and 2) the sustaining of the demurrer to the common counts of quantum meruit was error and the judgment cannot be affirmed based on the absence of a contractor's license.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Pariser & Pariser and Wayne D. Pariser for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Steven J. Haber and Steven J. Haber for Defendants and Respondents.