Banko Construction v. Superior Court
Plaintiff (Banko) purports to appeal an order following a grant of summary judgment in favor of defendant and respondent County of Los Angeles (the County). The appeal is premature; due to the pendency of the County's cross complaint, there is no final judgment in the action. In order to resolve this matter on the merits, court treat the purported appeal as a petition for writ of mandate. (9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, SS 77, 88, pp. 131 to 132, 147 to 149.)
The essential issue presented is whether Banko, which is seeking to recover against the County on a construction contract, was in substantial compliance with licensing requirements.
Court conclude, as did the trial court, that Banko's conduct did not constitute substantial compliance. Therefore, Banko's petition for writ of mandate is denied.
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