Advantec Group, Inc. v. Edwin's Plumbing Co.

153 Cal. App. 4th 621, 63 Cal. Rptr. 3d 195 (2007)

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Advantec Group, Inc. v. Edwin’s Plumbing Co.

California Court of Appeal
153 Cal. App. 4th 621, 63 Cal. Rptr. 3d 195 (2007)

JL

Facts

Advantec Group, Inc. (Advantec) (plaintiff) hired Edwin’s Plumbing Co. (Edwin’s) (defendant) to provide plumbing services and materials for an apartment-building project. Advantec ultimately sued Edwin’s for breach of contract, seeking damages of $168,476.40. Two months prior to trial, Edwin’s filed a cross-complaint, also alleging breach of contract. The cross-complaint alleged that Edwin’s was a licensed plumbing contractor in California. Advantec’s answer to the cross-complaint was a general denial of all cross-complaint allegations that did not specifically challenge Edwin’s license status. During the jury trial, Edwin’s attempted to provide testimony that it was properly licensed during the contract’s term. However, Advantec objected and insisted on a verified license certificate. The trial court sustained the objection, and Edwin’s requested a continuance to obtain the verified certificate. However, this occurred on day four of the jury trial, and the trial was almost over. The verified certificate could take two weeks to get. The trial court denied the continuance and granted a nonsuit on Edwin’s cross-complaint. The jury awarded Advantec $46,200 in damages. Edwin’s appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Willwhite, J.)

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