September 2020

In Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction, Inc., the Second Appellate District held that a claim to disgorge payment to an unlicensed building contractor under Business and Professions Code section 7031 has to be brought within one year of the completion or cessation of the performance of the act or contract at issue.  It is always important to verify the license of a contractor performing work to avoid legal problems but it is imperative to do so at the time of payment, particularly when the work is completed.

In Thurson v. Fairfield Collectibles of Georgia, LLC (8/26/20), the Fourth Appellate District considered whether a Georgia based website that made sales to California was subject to California personal jurisdiction, and therefore subject to suit under the Unruh Civil Rights Act because its website was not fully accessible to the blind and visually impaired.  Based on the website generating 8-10% of its sales in California, the Fourth Appellate District reversed the trial court, and held that the subject website is the equivalent of a physical store in California, finding that it constituted purposeful availment.  Based on this ruling, any business that sells goods to Californians by a website needs to consider whether its conduct, and its website itself complies with California law.