Judge: Teresa A. Beaudet, Case: 21S21935, Date: 2024-10-24 Tentative Ruling

Case Number: 21S21935    Hearing Date: October 24, 2024    Dept: 50

THE COURT WILL NOT BE POSTING A TENTATIVE AND PROPOSED STATEMENT OF DECISION.
IN PLAINTIFF'S WRITTEN CLOSING ARGUMENT, PLAINTIFF DID NOT DISCUSS ANY CASES REGARDING WHETHER A FAILURE TO PROPERLY COMPLETE CONSTRUCTION WORK OR CHARGING FOR CONSTRUCTION WORK WITHOUT A CONTRACTOR'S LICENSE CAN (1) CONSTITUTE "WRONGFUL ACQUISITION OR DETENTION OF PROPERTY" FOR PURPOSES OF IMPOSING A CONSTRUCTIVE TRUST; (2) SUPPORT A CLAIM FOR UNJUST ENRICHMENT; (3) BE A BASIS FOR AN ACCOUNTING; AND (4) SUPPORT A DECLARATORY RELIEF CAUSE OF ACTION. ADDITIONALLY, PLAINTIFF DID NOT DISCUSS ANY CASES REGARDING THE IMPOSITION OF PUNITIVE DAMAGES AND THE EVIDENTIARY BASIS IN THE RECORD FOR DOING SO (E.G., EVIDENCE OF THE DEFENDANT'S FINANCIAL CONDITION AND ABILITY TO PAY).  
ADDITIONALLY, THE COURT NOTES THAT DEFENDANT HAS FILED A NOTICE OF MOTION AND MOTION FOR ORDER CONTINUING HEARING DATE (I.E. THIS HEARING) BECAUSE HE STATES THAT HE CAN NOW HIRE COUNSEL. THE MOTION REFERS TO A RESERVED DATE OF 1/24/2025 AND NO PROOF OF SERVICE HAS BEEN FILED.