Itzhaki v. Ozeri
Moshe Ozeri, doing business as Star Construction, appeals from a judgment of dismissal of his cross-complaint by the trial court. For convenience appellant be referred to hereafter as Ozeri. Respondent and cross defendant, Agnes Itzhaki, will be referred to as Itzhaki.
On May 2, 2005, this court filed its unpublished opinion in appeal No. B168459 entitled Moshe Ozeri, Cross-complainant and Appellant v. Agnes Itzhaki, as trustee, etc., Cross-defendant and Respondent reversing the decision of the trial court sustaining the demurrer of Itzahi to Ozeris third amended cross-complaint without leave to amend on the grounds that Ozeris claims were barred by the licensing provisions of Business and Professions Code section 7031. In reversing the dismissal this court held that Ozeri should be given a chance to amend his cross-complaint for a fourth time to allege that the subject construction work in dispute was performed under a valid partnership license, rather than the individual license which formed the basis for his original and three amended cross complaints.
On remand after this courts reversal, the trial court dismissed the cross-complaint for Ozeris failure to file an amended cross-complaint within the time permitted by law. Because the issues presented on appeal deal only with the alleged failure of Ozeri to timely file an amended cross-complaint after remand, this court dispenses with the necessity to discuss the merits of the action or this courts prior opinion except insofar as might be prudent to lend meaning to the current appeal. For the reasons hereafter given, Court affirm the decision of the trial court.
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