MG Anz Enterprises v. Burks
Defendant appeals from a judgment rendered against him. Plaintiff brought this suit claiming it is owed money for services and products it supplied to defendant. Defendant responded that (1) plaintiff failed to properly apply, to the appropriate invoices, the payments defendant made, (2) money claimed in two of plaintiff’s invoices was never intended by plaintiff to be paid by defendant, and (3) plaintiff was not entitled to a judgment in its favor because it could not prove that it was properly licensed at all times it was doing business with defendant.
Based on the evidence presented at trial, the court determined plaintiff met its burden of producing a prima facie case that it was properly licensed, and defendant did not present evidence to controvert that prima facie case. The court also found that some of plaintiff’s invoices were barred by the four-year statute of limitations set out in Civil Code section 337, and that other invoices were not intended by the parties to be debts owed by defendant. After making allowances for those rejected invoices, and determining interest owed by defendant, the court awarded judgment in plaintiff’s favor.
Court find plaintiff failed to demonstrate that it was properly licensed during a portion of the relevant period of time it did business with defendant, and court therefore reversed the judgment and returned the case to the trial court for a redetermination of the amount of money actually owed to plaintiff by defendant.
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