Boubon v. 02 Wireless
Defendant, 02 Wireless, Inc., dba Baran Telecom (hereafter 02 Wireless) appeals from the summary judgment entered against it and in favor of plaintiff, Steven Boubon (hereafter Boubon), on Boubons complaint against 02 Wireless seeking, among other things, declaratory and injunctive relief, and damages for breach of contract. Boubon and 02 Wireless had entered into a contract pursuant to which he would pay $989,476 to 02 Wireless to construct a building for Boubon to use as a showroom, warehouse, and office for his carpet business. In connection with that contract, 02 Wireless agreed to advance the construction costs. As security for repayment, Boubon executed a deed of trust in favor of 02 Wireless on the property where the building was to be constructed.
After construction was complete and Boubon had accepted the building, 02 Wireless demanded payment. Boubon refused, apparently because he believed that the cost overruns had been excessive and that some work had not properly been performed. 02 Wireless initiated non-judicial foreclosure proceedings on the deed of trust. To prevent the foreclosure, Boubon filed the action that is the subject of this appeal. In his complaint, Boubon alleged among other things that 02 Wireless was not entitled to any money because it did not have the proper contractors license at the time it constructed the building. The trial court agreed and entered summary judgment in favor of plaintiff.
It this appeal, 02 Wireless contends that triable issues of material fact exist regarding (1) the license 02 Wireless was required to have in order to construct the building; (2) whether the contract was a hybrid that included a construction loan and an agreement to construct the building such that 02 Wireless could recover on the loan provision, even if precluded from recovering on the construction provision; and (3) whether 02 Wireless needed a license at all. Court conclude that its contentions all lack merit and therefore Court affirm the judgment.
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