Oceguera v. Cohen
Filed 8/10/06 Oceguera v. Cohen CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THERESA OCEGUERA, Plaintiff and Appellant, v. DAVID COHEN et al., Defendants and Respondents. | B186506 (Los Angeles County Super. Ct. No. BC311437) |
APPEAL from an order of the Superior Court of Los Angeles County, Edward A. Ferns, Judge. Affirmed in part; reversed in part; and remanded.
Julian Eli Capata for Plaintiff and Appellant.
The Law Offices of David Glaubiger, David Glaubiger, and Renay G. Rodriguez for David Cohen, Yossi Grimberg, and L.A.'s Best Home Improvement, Defendants and Respondents.
I. introduction
Plaintiff, Theresa Oceguera, appeals from a judgment after a court trial in which she was awarded $11,255 based on claims that defendants, David Cohen, Yossi Grimberg, and L.A.'s Best Home Improvement (the partnership), performed defective construction work on her home. Ms. Oceguera contends the pretrial summary adjudication order in defendants' favor as to her second and sixth causes of action must be reversed; a contention with which we agree. She also raises arguments concerning the trial. We reject these contentions because she has failed to provide us with a reporter's transcript or other suitable substitute of the trial proceedings. We remand for a limited retrial on the second and sixth causes of action or other relevant proceedings. We conclude the conflicting evidence as to the partnership's license status on the date the contract was executed required them to provide a â€
