West Coast Home Improvement Co. v. Contractors' State License Board
West Coast Home Improvement Co. v. Contractors' State License Board
Opinion of the Court
In a complaint filed with respondent Contractor’s State License Board, appellant was charged with a violation of sections 7114, 7115, 7116, 7117 and 7118 of the Business and Professions Code. Following a hearing before a duly appointed, and qualified deputy registrar of contractors, appellant was found guilty of violating section 7116 of the above mentioned code and not guilty of all other charges made against it. Subsequently, and pursuant to the provisions of section 7099 of the Business and Professions Code, appellant filed in the Superior Court of Los Angeles County a petition for a writ of mandate commanding respondent board to restore to appellant its license to carry on the business of a contractor and to dismiss the proceedings which resulted in an order revoking said license. ■ When the mandamus proceeding came on for hearing in the superior court the matter was submitted on the entire record of the proceedings had before respondent board, which included a reporter’s transcript of said hearing. From a judgment discharging the alternative writ theretofore issued and denying a peremptory writ, appellant prosecutes this appeal.
As a first ground for reversal, it is asserted by appellant that the court erred in not granting to it a trial de novo. This claim is based upon the identical grounds urged by appellant in the companion case of West Coast Home Improvement Co., Inc. v. Contractors State License Board, this day decided, ante, p. 287 [164 P.2d 811]. Upon the authority and for the reasons stated in the cited case, appellant’s contention in this regard must be held to be without merit.
Section 7116 of the Business and Professions Code for a violation of which appellant was adjudged guilty, provides
“1. ‘Asbesto Seal’ is a plastic.
“2. ‘Asbesto Seal’ is an insulator.
“3. ‘Asbesto Seal’ prevents stucco from cracking.
“4. The life expectancy of ‘Asbesto Seal’ is as great as fifteen years and even for the lifetime of the house.
“5. ‘Asbesto Seal’ is a water-proofing material.
“6. ‘Asbesto Seal’ is a weather-proofing material.
“7. ‘Asbesto Seal’ is an elastic product.
“8. ‘Asbesto Seal’ is a product that will not crack, chip or peel.
“9. That in respect to the foregoing alleged qualities ascribed to ‘Asbesto Seal’ they were present in much greater degree than found in ordinary types of paint or elsewhere were found exclusively in ‘Asbesto Seal’.”
The court further found that the foregoing representations were made willfully and that the persons to whom they were made were materially injured, in that it was shown that “in practically all instances . . . the exterior coverings of the houses were in better condition prior to the application of the Asbesto Seal than they were after the application; it was impossible to determine the actual amount of injury suffered by the respective owners; but the extent of the damage in each case amounts to the actual cash outlay by each person, said ‘Asbesto Seal’ being a complete loss; and that in addition thereto, there is the further cost of placing each building in proper condition by removing said ‘Asbesto Seal’ in order that suitable materials can thereafter be applied.”
In view of appellant’s contention that the record is totally devoid of evidence showing any willful or fraudulent act or a substantial injury as a consequence of any such act, it becomes necessary to here set forth an epitome of the testimony given before the hearing officer and considered by the trial
Appellant’s contention that the customers signed notices of completion notwithstanding that there was printed on
While there was evidence in conflict with some of the foregoing, under the long established rule this court cannot interfere with the conclusions arrived at by the triers of fact when there is substantial evidence, however sharply controverted, which supports the findings of the trial court.
By reason of the foregoing, and upon the authority as well as for the reasons stated in West Coast Home Improvement Co., Inc. v. Contractors’ State License Board, supra, this day decided, the judgment from which this appeal is taken is affirmed.
York, P. J., and Doran, J., concurred.
Appellant’s petition for a hearing by the Supreme Court was denied February 21, 1946.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.