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What's in a name? Business and Professions Code Section 7031, subdivision (a) "bars all actions, however they are characterized, which effectively seek `compensation' for illegal unlicensed contract work." In other words, a lot can be in a name. David Ball, who held a valid license from the Contractors State LIcense Board. His license was listed under "Sole Owner" as the "License Type." The name he used in his license was the fictitious business name of "Clark Heating and Air Conditioning." Unfortunately for David, he signed two contracts with Lewis Clark. David did his part but the problem was that Lewis for whatever reason did not pay for services rendered. Left with no other option, David was forced to file a collections effort. The problem for David was that in the agreements he was listed as "Clark Air Conditioning Heating."
You are the judge hearing David's collection matter. Lewis has brought to your attention this different name and has cited B&P Code Section 7031. How would you rule on this issue - for Lewis or for David?
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