Section 10136 - No maintenance of action for collection of compensation unless licensed

2 Analyses of this statute by attorneys

  1. Ulysses And Unlicensed Businesses

    Allen Matkins Leck Gamble Mallory & Natsis LLPKeith Paul BishopOctober 7, 2019

    ollector of bad and doubtful debts. But that’s the most notorious bloody robber you’d meet in a day’s walk and the face on him all pockmarks would hold a shower of rain.Tell him,says he,I dare him,says he,and I doubledare him to send you round here again or if he does,says he,I’ll have him summonsed up before the court, so I will, for trading without a licence [sic]."(iii)This debtor's defense reminds me of the following provision of the California Real Estate Law denying unlicensed real estate brokers and salespeople recourse to the courts:"No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he or she was a duly licensed real estate broker or real estate salesperson at the time the alleged cause of action arose."Cal. Bus. & Prof. Code § 10136. Similar California statutes apply to other licensed professions.

  2. Ulysses And Unlicensed Businesses

    Allen MatkinsKeith BishopOctober 7, 2019

    But that’s the most notorious bloody robber you’d meet in a day’s walk and the face on him all pockmarks would hold a shower of rain. Tell him,says he,I dare him,says he,and I doubledare him to send you round here again or if he does,says he,I’ll have him summonsed up before the court, so I will, for trading without a licence [sic]."(iii)This debtor's defense reminds me of the following provision of the California Real Estate Law denying unlicensed real estate brokers and salespeople recourse to the courts:"No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson within this state shallbringormaintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he or she was a duly licensed real estate broker or real estate salesperson at the time the alleged cause of action arose."Cal. Bus. & Prof. Code § 10136. Similar California statutes apply to other licensed professions.