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OCEGUERA v. COHEN

No. B205608.

172 Cal.App.4th 783 (2009)

THERESA OCEGUERA, Plaintiff and Respondent, v. DAVE COHEN et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

March 24, 2009.

Attorney(s) appearing for the Case

Jonathan G. Gabriel and Jeffrey P. Alpert for Defendants and Appellants.

Julian Eli Capata for Plaintiff and Respondent.

OPINION

TURNER, P. J. —

I. INTRODUCTION

Business and Professions Code1 section 7031, subdivision (b) permits a consumer to sue an unlicensed contractor for a refund of moneys paid under a construction contract. Such a refund claim is subject to the defense the unlicensed contractor was in "substantial compliance" with the licensing requirement. The four elements of the substantial compliance defense...

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