TENTATIVE RULING
Plaintiff Paul Blazevich's unopposed motion for judgment on the pleadings to plaintiff's complaint and defendant Javier Guerrero's affirmative defenses is granted, without leave to amend. The court takes judicial notice of plaintiff's exhibits A and B.
The Order, Decision or Award of the Labor Commissioner, in State Case No. 10-88034, finding awarding defendant no compensation is binding on this case. Defendant had filed a claim against plaintiff seeking unpaid compensation. The hearing officer heard evidence, and although the evidence was disputed whether Guerrero represented himself as a licensed contractor, the hearing officer stated, "Defendant [Blazevich] is more persuasive... Sefiu, testified that the Plaintiff [Guerrero] reiterated that he was a licensed contractor when demanding payment and even threatened to file a mechanic's lien in order to be paid." (Award, 5: 13-18.) Thus, the hearing officer was unable to award any monies to Guerrero. (Id. at 7:17-19.)
Hearing Date
September 06, 2017
Category
Civil - Unlimited
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TENTATIVE RULING
Plaintiff Paul Blazevich's unopposed motion for judgment on the pleadings to plaintiff's complaint and defendant Javier Guerrero's affirmative defenses is granted, without leave to amend. The court takes judicial notice of plaintiff's exhibits A and B.
The Order, Decision or Award of the Labor Commissioner, in State Case No. 10-88034, finding awarding defendant no compensation is binding on this case. Defendant had filed a claim against plaintiff seeking unpaid compensation. The hearing officer heard evidence, and although the evidence was disputed whether Guerrero represented himself as a licensed contractor, the hearing officer stated, "Defendant [Blazevich] is more persuasive... Sefiu, testified that the Plaintiff [Guerrero] reiterated that he was a licensed contractor when demanding payment and even threatened to file a mechanic's lien in order to be paid." (Award, 5: 13-18.) Thus, the hearing officer was unable to award any monies to Guerrero. (Id. at 7:17-19.)