Chu v. Choi
Plaintiff Chan Ung Chu sued defendant Ick Chool Choi for breach of a construction contract and fraud. The trial court granted plaintiffs motion for summary adjudication on the breach of contract claim, ruling that under Business and Professions Code section 7031, subdivision (b) plaintiff was entitled to a refund of his $30,000 down payment because defendant was an unlicensed contractor. Plaintiff thereafter voluntarily dismissed his fraud claim, and judgment was entered in plaintiffs favor in the sum of $30,000 plus costs. Defendant appeals from the judgment, contending that the trial court erred in summarily adjudicating the contract claim in plaintiffs favor. Court affirm.
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