4560. Recovery Of Payments To Unlicensed Contractor Essential Factual Elements

4560. Recovery of Payments to Unlicensed Contractor (Bus. & Prof. Code, § 7031(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] did not have a valid contractor's license during all the times [name of defendant] was performing services for [name of plaintiff] under their contract. To establish this claim, [name of plaintiff] must prove all of the following: 1. That there was a contract between [name of plaintiff] and [name of defendant] under which [name of defendant] was required to perform services for [name of plaintiff]; That a valid contractor's license was required to perform these services; and That [name of plaintiff] paid [name of defendant] for contractor services that [name of defendant] performed as required by the contract. 2. 3. [Name of defendant] must then prove that at all times while performing these services, [he/she/it] had a valid contractor's license as required by law. ________________________________________________________________________________ New June 2016